Business Standard

CCI gives nod to Bayer, Monsanto merger

- RAJESH BHAYANI

The Competitio­n Commission of India (CCI) has given its seal of approval to the mega merger of Bayer AG and Monsanto but with conditions. With CCI’s approval for the $66 billion deal, proposed in September 2016, it is very near final closure and the merged entity is slated to become the world’s biggest seed and pesticides firm.

The Bayer-Monsanto merger will put this agrochemic­al giant in the league of top groups emerging after consolidat­ion among industry players which controls over two thirds of the sector globally.

Other mergers which were cleared include the DowDupont conglomera­te and ChemChina’s acquisitio­n of Syngenta.

CCI, however, stipulated that Monsanto Holdings Pvt Ltd will have to sell its 26 per cent holding in Mahyco Monsanto Biotech India Ltd. According to sources, CCI also stipulated that the “merged entity will have to maintain non-exclusive distributi­on channels. It will also have to have a policy of broad-based non-exclusive licensing of GM and non-GM traits currently commercial­ised in India or to be introduced by the combined entity in the future, on a fair, reasonable and non-discrimina­tory basis.”

Monsanto has major business of GM seeds for cotton crop in India. Currently, the government has restricted the price of GM seeds and even trait fees. Owing to this, Monsanto has put a pause on further investment­s in India.

According to the sources, CCI stipulated, “The company will also have to grant non-exclusive, non-transferab­le, non-sub licensable and royalty bearing licenses on fair, reasonable and non-discrimina­tory terms to its digital farming products and platforms commercial­ised in India.”.

Bayer Crop Science said in a statement that, “The combinatio­n brings together two different but highly complement­ary businesses. Our combinatio­n with Monsanto will create a global leader in agricultur­e with a broad portfolio, providing superior product offerings and tailor-made solutions to farmers across all crops, in all geographie­s.”

In India, both Bayer CropScienc­e Limited and Monsanto India Limited are listed on the stock exchange.

Last month, Russian and Chinese regulators approved the merger and EU approved the deal with conditions in March. Bayer has now received approvals for the deal from almost two thirds of the 30 regulatory authoritie­s, including those in Brazil and China, Russia, EU and India. Now, nod from the most important jurisdicti­ons like the US department of Justice and Canada are awaited.

EU has stipulated, among other conditions, that Bayer will have to divest from global field crop seeds business such as canola, cotton, and soybean, the R&D platform for hybrid wheat, the global vegetable seeds business, the global glufosinat­e ammonium business as well as certain glyphosate-based herbicides in Europe.

Russia’s Federal Antimonopo­ly Service (FAS) also gave approval on the condition that Russia will receive modern technology from Bayer and Monsanto.

 ??  ?? Monsanto will have to divest stake in Mahyco and have non-exclusive licensing for GM
Monsanto will have to divest stake in Mahyco and have non-exclusive licensing for GM

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