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AVENTIS ENVIRONMENTAL SCIENCE USA LP v. SCOTTS CO.

No. 99 Civ. 4015(LAP)(THK).

383 F.Supp.2d 488 (2005)

AVENTIS ENVIRONMENTAL SCIENCE USA LP, f/k/a Agrevo Environmental Health, Inc., Plaintiff, v. SCOTTS COMPANY, Scotts' Miracle-Gro Products, Inc., OMS Investments, Inc., and Monsanto Company Defendants.

United States District Court, S.D. New York.

January 13, 2005.

Attorney(s) appearing for the Case

Michael D. Blechman, Michael Braff, Jennifer B. Patterson, Kaye Scholer LLP, New York, NY, for Plaintiff.

David M Morris, Fried, Frank, Harris, Shriver & Jacobson, L.L.P., NYC, NY, Dominic Suprenant, Robert C. Juman, Quinn, Emanuel, Urquhart, Oliver & Hedges, LLP, New York, NY, Gregory P. Joseph, Fried, Frank, Harris et al., Linda R. Blumkin, Fried, Frank, Harris, Shriver & Jacobson, New York, NY, Alan M. Unger, Sidley Austin Brown & Wood LLP, New York, NY, Charles W. Douglas, Pro Hac Vice Lead Attorney, John W. Treece, Pro Hac Vice Lead Attorney, for Defendant.

OPINION AND ORDER

PRESKA, District Judge.

RoundUp — "No Root No Weed No Problem" — has been the dominate non-selective herbicide for many years. This action questions the manner in which RoundUp has retained that dominance: have the defendants in this case acted to drive competitors from the market while depriving the plaintiff the benefit of its bargain, or have defendants simply made sound business decisions that are neither illegal...

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