9th Circ. Won't Revive PetIQ Merger Challenge

Law360 (June 30, 2020, 3:20 PM EDT) -- The Ninth Circuit has declined to revive a pair of pet medicine wholesalers' challenge to PetIQ Inc.'s purchase of a veterinary clinic chain, ruling that the wholesalers failed to establish the merged company's market power.

In a Monday opinion, the appeals court affirmed a California federal judge's 2019 decision to toss Med Vets Inc. and Bay Medical Solutions Inc.'s lawsuit challenging PetIQ's acquisition of VIP Petcare Holdings Inc. The Ninth Circuit panel said the wholesaler's assertion that PetIQ and VIP Petcare controlled more than 90% of the wholesale pet distribution market was not sufficiently supported.

While wholesalers said PetIQ took part...

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