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Brazilian antitrust agency imposes restrictions on Monsanto's accord with Fundacao Mato Grosso and Unisoja
Brazil
March 17, 2006

Source: Gazeta Mercantil via Checkbiotech

The Administrative Council for Economic Defense (CADE), Brazil's top antitrust agency, approved with restrictions an accord among Monsanto do Brasil, the Fundacao Mato Grosso (FMT), which operates in agricultural research and development, and Unisoja, which markets soya seeds.

The counselors vetoed a contractual clause intended to guarantee exclusivity for the transgenic gene developed by the multinational. The original accord authorized the FMT and Unisoja to market soya seeds with the Roundup Ready gene, patented by Monsanto.

Under this accord, the FMT and Unisoja cannot use technologies similar to other companies. Under the accord, FMT and Unisoja cannot develop research on soybean seeds tolerant to glyphosate broad-spectrum herbicide.

CADE understood that the exclusivity clauses were harmful to free competition. Despite approving the negotiation, the council ordered the removal of three rules from the accord:

  1. prohibition against the use of technology of other companies,
  2. research and development of the product by the FMT and Unisoja along with other partners, and
  3. permission for Monsanto to cancel the license of anyone marketing seeds with tolerance to glyphosate developed by other competitors.

The removal of the clauses was recommended by the Finance Ministry's Secretariat of Economic Surveillance (SEAE), another element in the anti-trust system. In its opinion, the secretariat said that Monsanto and FMT hold 38.35% of the Brazilian soybean market. That percentage reaches 83% if the shares of Embrapa and the Central Farm and Ranch Cooperative for Technological and Economic Development (Coodetec), which signed similar contracts with Monsanto.

"The accord could inhibit the investments of other biotechnology companies in researching seeds tolerant to glyphosate, since the biotechnology companies involved in the operation hold almost 83% of the supply of soybean seeds for the crop.

Copyright Gazeta Mercantil

Gazeta Mercantil via Checkbiotech

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