February 09, 2015 (Shareholders Foundation) - An investor, who currently holds shares of MWI Veterinary Supply, Inc. (NASDAQ:MWIV), filed a lawsuit in effort to halt the proposed takeover of MWI Veterinary Supply, Inc. by AmerisourceBergen for $190 per share.
The plaintiff alleges that the defendants breached their fiduciary duties owed to NASDAQ:MWIV stockholders by agreeing to sell MWI Veterinary Supply, Inc.too cheaply via an unfair process to AmerisourceBergen.

On January 12, 2015, AmerisourceBergen (NYSE:ABC) and MWI Veterinary Supply, Inc. (NASDAQ:MWIV) announced that they have entered into a merger agreement for AmerisourceBergen to acquire MWI Veterinary Supply, Inc. Under the terms and conditions of the merger agreement, AmerisourceBergen, through a new wholly-owned subsidiary, will make an all cash tender offer for all of the outstanding shares of MWI Veterinary Supply, Inc. (NASDAQ:MWIV) at a price of $190.00 per share, representing a $2.5 billion fully diluted equity value.

However, the plaintiff claims that the $offer is too low and undervalues MWI Veterinary Supply, Inc. Indeed, MWI Veterinary Supply, Inc. reported that its Total Revenue rose from over $1.56 billion for the 12 months period that ended on Sept. 30, 2011 to over $2.98 billion for the 12 months period that ended on Sept. 30, 2014 and that its respective Net Income rose from $42.58 million to $71.96 million. Shares of MWI Veterinary Supply, Inc. (NASDAQ:MWIV) grew from $61.02 per share in November 2011 to as high as $186.26 per share in January 2014.
In addition, the plaintiff claims that the process is also unfair to NASDAQ:MWIV stockholders