Bayer Shares Hit New High as Supreme Court Agrees to Review Roundup Litigation

Shares in Bayer AG jumped 7.15% to reach a new high of €44.62 this morning, following the U.S. Supreme Court's announcement that it will review the Durnell Roundup case. The decision marks a potentially pivotal moment for the German pharmaceutical and agricultural chemicals giant, which has been grappling with extensive litigation related to its glyphosate-based herbicide since acquiring Monsanto in 2018.

The stock has now gained 17% since the start of 2026, reflecting growing market confidence that the company may finally secure legal clarity on one of its most pressing financial liabilities.

The Supreme Court's decision to hear the case follows Monsanto's petition filed in April 2025, which seeks to address a split in authority among federal circuit courts on the application of federal preemption. This legal principle could determine whether federal regulations regarding pesticide labeling override state-level failure-to-warn claims. Bayer expects a decision on the merits during the Court's 2026 session, which concludes in June.

The case carries significant weight for Bayer's financial outlook. The company faces approximately 67,000 additional Roundup-related cases, creating substantial uncertainty around future litigation costs and potential settlement obligations. A favorable Supreme Court ruling could effectively shield Bayer from a significant portion of these claims by establishing that the Environmental Protection Agency's scientific assessments and labeling requirements preempt state tort law.

Markets received additional encouragement from the December 2025 brief submitted by U.S. Solicitor General John Sauer, who supported Bayer's petition for Supreme Court review. Sauer argued that allowing the Durnell verdict to stand would undermine EPA scientific assessments and create inconsistent labeling requirements across different states. This backing from the U.S. government has been interpreted as a positive signal for Bayer's legal position.

Analysts at Jefferies noted that Bayer is seeking clarification on whether federal law regarding warning labels for weedkillers takes precedence over state law. Chris Counihan from the firm highlighted that the Supreme Court's willingness to hear the case represents a meaningful step toward resolving the regulatory ambiguity that has plagued the company since the Monsanto acquisition.

Bayer has been pursuing a multi-pronged strategy to manage the Roundup litigation, including seeking legal clarity on federal preemption, engaging in settlement discussions, and implementing changes to product labeling and usage guidelines. The company welcomed the Supreme Court's decision, viewing it as validation of its legal arguments and a potential pathway to reducing its litigation exposure.

The Supreme Court's agreement to review the Durnell case provides Bayer with a tangible timeline for potential resolution, with a decision expected by June 2026.