We represent Syngenta in cases involving “crop inputs” and “loyalty rebate programs”

Davis Polk represents Syngenta Corporation in more than 20 antitrust class action lawsuits originally filed in the Southern District of Illinois, District of Minnesota, District of Kansas, District of Idaho and Eastern District of Pennsylvania, and now centralized in a multidistrict litigation pending in the Eastern District of Missouri. The plaintiffs allege that various retailers, wholesalers and manufacturers (including Syngenta) conspired to exclude new internet-based retailers from entering the market for “crop inputs.” The plaintiffs claim that the defendants’ alleged conduct violated the Sherman Act, Clayton Act, state antitrust laws and the Racketeer Influenced and Corrupt Organizations Act. Motions to dismiss plaintiffs’ consolidated amended complaint are pending.

Davis Polk also represents Syngenta Crop Protection AG, Syngenta Crop Protection, LLC and Syngenta Corporation in antitrust lawsuits brought by the Federal Trade Commission and state attorneys general (the “Government Action”), as well as a separate lawsuit brought by the Arkansas Attorney General and at least 30 follow-on putative class action lawsuits originally filed in the Middle District of North Carolina, Southern District of Indiana, Southern District of Mississippi, Western District of Pennsylvania, Southern District of Illinois and Western District of Louisiana. The plaintiffs in these “loyalty rebate program” lawsuits allege that various manufacturers and distributors in the crop protection industry have offered or participated in “loyalty rebate programs” relating to certain crop protection active ingredients, resulting in the exclusion of generic competition in violation of the Sherman Act, Clayton Act, FTC Act and various state antitrust and consumer protection laws. Motions to dismiss the Government Action are currently pending in the Middle District of North Carolina. The private follow-on cases have been centralized in a multidistrict litigation in the Middle District of North Carolina, where the Government Action is pending, and the Arkansas Attorney General’s lawsuit is proceeding in the Eastern District of Arkansas. Discovery is expected to begin.

The Davis Polk team includes partners Paul S. Mishkin, Ronan P. Harty, Jesse Solomon and Michael Scheinkman.

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