Case No. 88 of 2016. Case: Sri Rama Agri Genetics (India) Private Limited Vs Mahyco Monsanto Biotech India Limited and Ors.. Competition Commision of India

Case NumberCase No. 88 of 2016
JudgesDevender Kumar Sikri, Chairperson, S.L. Bunker, Sudhir Mital, Augustine Peter, U.C. Nahta, Members and G.P. Mittal, J. (Member)
IssueCompetition Act, 2002 - Section 19(1)(a), 26(1), 3, 3(4), 4
Judgement DateTuesday March 14, 2017
CourtCompetition Commision of India

Order:

  1. The information in the present case has been filed by Sri Rama Agri Genetics (India) Private Limited (hereinafter, the "Informant") under Section 19(1)(a) of the Competition Act, 2002 ('Act') against Mahyco Monsanto Biotech (India) Limited (hereinafter, the "OP-1/MMBL"), Monsanto Holdings Private Limited (hereinafter, the "OP-2/MHPL"), Monsanto Company, U.S.A. (hereinafter, the "OP-3/Monsanto"), Maharashtra Hybrid Seeds Company Limited (hereinafter, the "OP-4/MAHYCO") and Monsanto Technology LLC (hereinafter, the "OP-5/MTL") alleging contravention of the provisions of Sections 3 and 4 of the Act.

  2. The allegations in the present information have been made, inter alia, in connection with the OP Group, abusing the dominant position by imposing unfair and discriminatory conditions in the 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...

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