According to a person familiar with the matter, a poison pill recently enacted by Mylan would only cause Teva to delay an acquisition by a few months rather than prevent a takeover, Bloomberg reported Wednesday.
Teva has offered to purchase Mylan for about $40.1 billion.
Under the mechanism implemented under Dutch law, Mylan will be permitted to attempt to prevent a takeover by issuing new shares.
Cowen and Co. analyst Ken Cacciatore said that Mylan's Dutch foundation would need the backing of a Dutch court to ward off Teva's advances.
The analyst suggested that as Mylan is unlikely to receive support from the Dutch court system, as the company just relocated its domicile to the Netherlands last year and has few employees in the country.
"We do not believe that the foundation's arguments in this case will prevail," Cacciatore stated, adding "we still believe that Mylan is simply putting themselves in the best position to negotiate a good transaction for their shareholders."