Arnold & Porter Secures Decisive Victory in Pet Treatment Antitrust Trial

Arnold & Porter recently achieved a full defense verdict for client Bayer HealthCare LLC in an antitrust lawsuit brought by Tevra Brands LLC. Tevra claimed that Bayer restrained trade in the pet flea and tick treatment market.

Tevra’s lawsuit, filed in 2019, alleged that Bayer entered into exclusive agreements with retailers and distributors to prevent the sale of generic treatments competing with one of Bayer’s flea and tick product lines for treating dogs and cats. Tevra further asserted monopolization of the relevant market.

Arnold & Porter argued that Plaintiff defined the market improperly and ignored the many competing products. In addition, Tevra was not the first company to sell a generic version of the flea and tick products at issue and any losses Tevra suffered were due to competition from rival generics makers. The firm also argued that the client’s rebates were reasonable discounts that no retailer was compelled to accept.

Following a nearly two-week trial, a California federal jury determined that Tevra failed to prove the existence of a relevant antitrust market, clearing Bayer of all claims brought in the lawsuit, including violations of the Clayton Act and Sherman Act. (Read the verdict here.)

The Arnold & Porter trial team was led by partners Daniel Asimow, Sean Callagy, and Meredith Osborn, along with senior associate Andrew Hannemann, and associate Jeenie Kahng.