Case Explained: TEVRA BRANDS, LLC V. BAYER HEALTHCARE LLC, ET AL.

Court: United States Court of Appeals for the Ninth Circuit

Filed: 2026-07-14

Docket: 5:19-cv-04312-BLF

The Ninth Circuit affirmed the district court’s judgment in favor of Bayer HealthCare LLC following a jury verdict that Tevra Brands, LLC failed to prove its alleged antitrust market under the Sherman Act and Clayton Act. The court held that Tevra waived its challenge to the initial dismissal of its First Amended Complaint because it voluntarily abandoned that specific market definition by filing a Second Amended Complaint with a broader definition without attempting to preserve the original claims. Regarding evidentiary rulings, the court applied an abuse of discretion standard and found no error in the district court’s denial of Tevra’s motions under Federal Rule of Evidence 702 and *Daubert*. The appellate court determined that Bayer’s expert testimony utilizing a qualitative Hypothetical Monopolist Test was reliable and supported by sufficient data, including industry documents regarding price changes and competitor sales. Additionally, the court upheld the denial of Tevra’s motion in limine to exclude a willingness-to-pay survey, concluding that any challenges to the survey’s reliability or conclusions pertained to the weight of the evidence rather than its admissibility under Federal Rule of Evidence 403. As a result, the judgment for the defendant stands, and Tevra’s antitrust claims are dismissed.

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