The Competition Commission of India (CCI) by way of its order dated June 9, 2016 directed the Director General (‘DG’) to investigate Mahyco Monsanto Biotech (I) Limited, Monsanto Holdings Private Ltd., Monsanto Inc., U.S.A. and Maharashtra Hybrid Seeds Company Ltd. (collectively called as “Opposite parties”) pursuant to an information filed by Kaveri Seed Company ltd, Ankur Seeds Pvt Ltd and Ajeet Seeds Pvt ltd. for alleged contravention of Sections 3 and 4 of the Act.
It has been alleged that Opposite parties(“OPs”) were abusing the dominant position by imposing unfair and discriminatory conditions, charging unfair trait value; limiting scientific development and denied market access. Informants further alleged that the OPs have entered into exclusive supply agreement, refused to deal with Indian seed manufacturers and reserved the right to fix price of seeds in certain circumstances, in contravention of provisions of Section 3 (4) of the Act.
Noticeably, CCI earlier, vide majority order dated 10th February 2016, passed under Section 26 (1) of the Act in Reference Case No. 2 of 2015 and Case No. 107 of 2015, has also directed the Director General (‘DG’) to cause an investigation into the same matter. (Source: Order dated June 9, 2016. For full text see CCI website )