Termite Price Fixing
In 1996 Bayer introduced Premise, a new generation termiticide that prevented termites from shedding their shells. BASF followed with Termidor.
Bayer and BASF sell these two patented termiticides to approx. 30 national distributors, who resell them to approx. 30,000 pest control firms.
Bayer and BASF have fixed resale prices of Premise and Termidor with their distributors in violation of the Sherman Act, and have granted discriminatory price discounts to Orkin and Terminix in violation of the Robinson-Patman Act.
The plaintiff class of small pest control operators seeks a national, class-action judgment of $600 million against Bayer, BASF, Orkin, and Terminix.