Lawstreet Journal

In A Setback to Monsanto; Delhi High Court Rejects Plea to Quash CCI Probe [READ ORDER]

Lawstreet Journal 24 May 2020 6:07pm

Image courtesy: Lawstreet Journal Judiciary In A Setback to Monsanto; Delhi High Court Rejects Plea to Quash CCI Probe [READ ORDER]

On May 20, 2020, a Single Judge Bench of Justice Vibhu Bakhru in the matter of Monsanto Holdings Pvt. Ltd. and Ors v. Competition Commission of India and Ors. rejected the plea of the biotechnology giant, Monsanto to quash initiation of CCI probe against it in connection with its sub-licensing agreement for Bollgard-I and Bollgard-II Bt cotton technologies.

The judgment stated that “a patentee was not free to include onerous conditions under the guise of protecting its rights under Section 3(5) of the Competition Act, 2002”. 

Background of the case:

Monsanto Holdings Pvt. Ltd. (‘MHPL’), Monsanto Company (‘Monsanto’) and Mahyco Monsanto Biotech (India) Pvt. Ltd. (‘MMBL’) had challenged a common order (impugned order) passed by the Competition Commission of India (‘CCI’) under section 26(1) of the Competition Act, whereby the CCI had directed the Director General (‘DG’) to investigate the activities of the petitioners of the present case. The said companies are collectively referred to as ‘the petitioners’.

The CCI had passed the impugned order under Section 26 (1) of the Competition Act in reference to two cases. One case was instituted pursuant to a reference made by the Department of Agriculture, Cooperation and Farmers Welfare, Ministry of Agriculture and Farmers Welfare, Government of India (‘MOA&FW’) under section19(1)(b) of the Competition Act against the petitioners by alleging a contravention of provisions of Sections 3 and 4 of the Competition Act. Another case was instituted pursuant to information filed under Section 19(1)(a) of the Competition Act by Nuziveedu Seeds Ltd. (‘NSL’), Prabhat Agri Biotech Ltd. (‘PABL’) and Pravardhan Seeds Pvt. Ltd. (‘PSPL’). The… Continue Reading...

Tagged: Competition Commission of India  
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