Central Garden and Pet v. The Scotts Company and Monsanto Corporation

When The Scotts Company terminated Central Company as a wholesale distributor in 2000, Central, the largest U.S. wholesale distributor of lawn and garden products, sued Scotts and Monsanto for allegedly conspiring to monopolize non-selective herbicides in the non-professional market from approximately 1998 forward. Monsanto invented Roundup and introduced it for home use in 1984. In 1998, Monsanto sold Ortho products to Scotts and signed an exclusive marketing agreement with Scotts to distribute Roundup. On behalf of Scotts, an Analysis Group team including Managing Principals John Jarosz and Jeffrey Malinak and Vice President Stanley Ornstein examined the relevant product market, barriers to entry and expansion, monopoly power, and competition in the relevant market and  other lawn and garden products. Scotts won a motion for summary judgment.