CCI introduces Leniency “Plus” regime in India- Will it suffice?
CCI by its order dated March 14, 2017 has initiated an investigation against Mahyco Monsanto Group for abuse of dominance in re
lation to sub-license agreements through which Bt. technology is sub-licensed to the seed manufacturing companies in India; charging unfair trait value; limiting scientific development relating to Bt.cotton technology as well as Bt.cotton seeds and denial of market access and leveraging their dominant position in Bt.cotton technology market for expanding their presence in Bt. cotton seeds market.
The case was filed by Sri Rama Agri Genetics (India) Private Limited. The Informant further alleged that the Monsanto Group has entered into exclusive supply agreement, refused to deal with Indian seed manufacturers and reserved the right to fix price of seeds in certain circumstances, which according to the Informant is in contravention of provisions of Section 3(4) of the Act.
The CCI considered that the issues raised in the present information have already been covered under the various cases currently pending investigation before the DG against Monsanto Group. Accordingly, the CCI decided to club the matters with the existing the investigation against Monsanto Group on account of substantial similarities of ore issues. (Source: CCI Order dated 14 March, 2017. For details, see CCI website www.cci.gov.in)
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