CCI by its order dated March 14, 2017 has initiated an investigation against Mahyco Monsanto Group for abuse of dominance in relation 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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M M SHARMA
Comdt. (Retd.) M. M. Sharma heads the Competition Law & Policy team in VA since 2009 and has over 30 years’ experience as an Advocate of Delhi High Court and holds a Post Graduate Diploma in Economics of Competition Law from Kings College, London. He has worked in the Competition Commission of India (CCI) as Additional Registrar during 2006-2008 and was responsible for drafting the Implementing Regulations under the Competition Act, 2002. He has experience of working as Head-Legal /In-house Counsel for a large Corporate Group in the Steel and Power sector before joining VA in 2009. He has represented clients as an independent arguing Counsel in landmark cases decided by CCI, the Competition Appellate Tribunal (COMPAT) , High Courts and the Supreme Court. As a prolific writer, he contributes articles and is regularly quoted on competition issues in National Newspapers and interviewed by TV Channels. He also teaches as a visiting faculty in various Universities and Institutions and is widely regarded as a subject expert in various Committees of Apex Business Chambers, such as FICCI, CII, ASSOCHAM and PHD CCI.
Mr. Sharma has been mentioned as a “Notable Practitioner” in the “Competition/Antitrust” category of Chambers & Partners (Asia Pacific) Ranking of Leading Lawyers for Business in India for the year 2012 and 2013. VA’s competition law and policy team has also been awarded the Law Firm of the Year Award for “Competition/Antitrust Law” for 2013 by the Indian Business Law Journal. Included as a ‘Recognised Practitioner’ in Individual Lawyers’ranking by Chamber’s Asia Pacific Guide 2020 for Antitrust/Competition Law.