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Monsanto's Concentration Act is acknowledged and approved by majority of votes

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20/08/2013 21:00 Demarest News

On the judgment session held on August 7th, 2013, the concentration act submitted by Monsanto do Brasil Ltda. and Empresa Brasileira de Pesquisa Agropecuária - Embrapa was unconditionally approved by the Tribunal of the Administrative Council of Economic Defense - CADE, by majority of votes.

The transaction consisted on a non-exclusive contract for the licensing by Monsanto for the use of specific technology (RFLex and or BGII/RFLex) by Embrapa, which concerns the exploration of cotton cultivars.

The relevant market was defined by the Reporting Commissioner Alessandro Octaviani Luis as agricultural research and development, seeds and seedlings.

Commissioner Ana Frazão, whose understanding was that the case shouldn't be cognized by CADE, disagreed from the other Commissioners, who decided that the case should be cognized and unconditionally approved. The issue that leaded to the dissent lies in the definition of the concept of associative under an antitrust perspective.

Commissioner Ana Frazão shares the General Superintendence - SG understanding that transactions involving non-exclusive licensing agreements of intellectual property should not be cognized, also due to the lack of exclusivity clauses, assets alienation, common organizations or any corporate bounds. Thus, no modifying on the company's decision making process is verified in such transactions, as well as no restraint to competition.

On the other hand, all other commissioners concluded that once the definition of associative agreements hasn't been settled by CADE's Tribunal, it would be more prudent to analyze such transactions until a common sense is reached.

CADE's President, Vinícius Marques de Carvalho, highlighted that CADE shall soon reach a consensus regarding the definition of associative agreements, what shall occur in the next judgment sessions in view of the urgency of the matter.

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