CCI attaches riders to Bayer-Monsanto deal

‘Non-exclusive licensing policy a must’

June 21, 2018 10:42 pm | Updated 10:42 pm IST - NEW DELHI

In a bid to protect farmers’ interests, the Competition Commission of India (CCI) has attached several conditions to its approval for the merger of global major Bayer and Monsanto in India.

‘Adverse effect’

“Based on its investigation, the Commission was of the opinion that the proposed combination is likely to have an appreciable adverse effect on competition in some markets in India but the same could be addressed by way of modifications to the proposed combination,” CCI said in a statement on Wednesday.

For a seven-year period post the merger, the new entity must follow a non-exclusive licensing policy for non-selective herbicides and for GM and non-GM traits which are currently or soon to be commercialised in India, on a fair, reasonable and non-discriminatory basis. The Union government and its institutions must also be given free of charge access to all Indian agro-climatic data, to be used exclusively for creating a public good. CCI asked Monsanto to divest its 26% shareholding in Mahyco, its Indian hybrid seed arm, and Bayer to divest its glufosinate ammonium, crop traits of cotton and corn, and vegetable hybrid seeds businesses.

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