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Elanco chooses new exclusive distributor to OTC sites Walmart, Costco

Discussion in 'Elanco' started by anonymous, Apr 25, 2018 at 3:02 PM.

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  1. anonymous

    anonymous Guest

    Why let your profits be given away? Man up and take a stand, let your voice be heard. Now Elanco has also signed an exclusive agreement with PetIQ and possible Zoetis also.
    They enter the market 5 years ago and now are the CHOSEN ONE to have a monopoly to take veterinary medicines to Costco and Walmart?
    Where does that leave the veterinarian in the future? We come out of vet school with $150,000 debt and the manufacturer sells to a company that had no veterinary presence until the VIP purchase?

    Pet Medication Wholesalers Sue to Unwind Rival PetIQ Merger
    Published: Apr 05 2018 18:46:17
    * Two pet medicine wholesalers sued to unwind merger of rival and vet clinic owner
    * Complaint cites buying power of vertically integrated new competitor

    By Eleanor Tyler

    (Bloomberg Law) -- Pet medicine wholesalers Med Vets Inc. and Bay Medical Solutions Inc. sued in
    California federal court to block the completed merger of rival VIP Petcare Holdings Inc. into PetIQ, Inc.,
    alleging that the merger will damage an important distribution channel for over-the-counter (OTC) veterinary
    PetIQ completed the $220 million merger in January, with VIP becoming a wholly owned subsidiary of
    PetIQ. The lawsuit alleges that the acquisition of VIP, "a principal secondary wholesaler and owner/operator of
    almost 3,000 veterinary clinics and 76,000 mobile clinics," gives wholesale distributor PetIQ the motive and
    means to try to muscle out rival pet medication wholesalers.
    PetIQ estimated in its Jan. 8 announcement of the deal that the combination of its existing business with
    VIP's products and services businesses would "expand PetIQ's addressable market by nearly 285%, from $8.6
    billion to over $29 billion." The companies in March announced a deal with Wal-Mart to open veterinary clinics in stores, part of plans to further expand by more than 1,000 clinics in retail outlets by 2023.
    The complaint, filed April 4 in the U.S. District Court for the Northern District of California, alleges that the
    merged company "has become the dominant supplier of restricted OTC pet parasiticides to retailers through
    the secondary distribution system," and complains particularly about distribution and pricing for Boehringer
    Ingelheim's Frontline Plus flea and tick control product.
    Squeezing a Channel?​
    The complaint says that there are three main distribution channels for the medications that pet owners give
    their animals regularly, like persistent flea and tick control medications and heartworm prevention.
    The plaintiffs, two wholesalers under common ownership, contend that most all pet medication
    manufacturers formally restrict their sales to veterinarians only. Despite that, they allege, almost 40 percent of medications wind up being sold through "secondary distribution" to consumers outside vet offices - big box
    stores, pharmacies, online, and through other retailers.
    Manufacturers, the complaint alleges, have a motive to keep prices high by limiting distribution. The merger
    of wholesaler PetIQ and integrated wholesaler/veterinary provider VIP will give them a dominant distributor
    with the buying power to introduce more pricing discipline, the complaint says.
    "The manufacturers already know that they have limited scope to force restrictions on distribution,"
    Jonathan Rubin, lead counsel for the plaintiffs with MoginRubin LLP, told Bloomberg Law. "They shouldn't be
    allowed to get around those limitations by anointing a preferred distributor, created through an unlawful
    merger, to do indirectly what they know they can't do directly."
    The defendants didn't respond to a request for comment.

    The plaintiffs allege a number of claims. First, they contend that the PetIQ-VIP merger was anticompetitive
    and should be legally unwound. Second, they contend that the defendants broke antitrust laws by getting
    preferential pricing from manufacturers for drugs they later sold through the secondary distribution system
    Third, they contend that the merger constitutes attempted monopolization of the secondary pet drugs market.
    The case is Med Vets Inc. v. VIP Petcare Holdings Inc., N.D. Cal., 18-cv-02054, 4/4/18