US FTC sues to block Cencora’s $3.5 billion sale of veterinary unit to Covetrus

On November 13, 2023, the U.S. Federal Trade Commission (FTC) initiated legal proceedings in a New York federal court to halt Cencora's planned $3.5 billion acquisition of MWI Animal Health, a veterinary unit. The FTC contends that the merger would result in higher costs for veterinary clinics and pet owners. Covetrus, the purchaser, refuted the FTC's arguments, maintaining that the Federal Trade Commission's assessment is based on an outdated and limited perspective of the market.

The FTC argues that the proposed acquisition would consolidate the two leading distributors of veterinary medicines and clinic supplies in the United States, thereby eliminating direct competition. In February, Cencora had agreed to sell MWI to Covetrus, who is a privately-held veterinary supplier.

The lawsuit was filed in the U.S. District Court for the Southern District of New York and is backed by attorneys general from 13 states. Covetrus responded by stating that the FTC's lawsuit does not accurately reflect the reality of how veterinarians acquire the products they require. The company has expressed readiness to defend the deal in court.

J.P. Morgan analysts have suggested that the FTC's challenge is unlikely to impact Cencora's financial forecasts, as they anticipate the company will advocate for the deal based on its strategic merits. However, if the sale is ultimately blocked, Covetrus might seek alternative acquisition options for MWI. As of midday trading on November 13, Cencora shares had increased by approximately 2%.