Monsanto Moves Delhi High Court Against Competition Commission’s Order

U.S. biotechnology major Monsanto and one of its group entities have moved Delhi High Court against Competition Commission's order rejecting their pleas challenging a probe into their top officials' role in a case relating to alleged unfair business practices in the Indian seeds market.

Justice Sanjeev Sachdeva on Monday listed the matter for hearing on August 31 after advocate Ajit Warrier, appearing for Monsanto, said they were filing an application to add more ground to their challenge to the Competition Commission of India's July 26 order.

Monsanto and its group company Mahyco Monsanto Biotech (India) Ltd (MMBL) have challenged the July 26 decision of the competition regulator on the ground that individuals can be probed only if the company does not comply with orders.

On July 26, CCI had rejected the companies' review pleas against the regulator's decision to probe the role of their officers/persons-in-charge. They had contended that it was not permissible for the regulator to issue any directions to look into the role of the persons responsible for the conduct of business unless violation of competition norms was made out.

While rejecting as many as six such applications filed by various Monsanto entities, CCI also asked them to cooperate in the investigation so that the probe is completed “without undue delay”.

Earlier this year, CCI ordered a detailed probe against U.S.-based genetically-modified seed major Monsanto after finding prima facie evidence of violating competition norms.

After ordering probe in February, the regulator clubbed three more complaints against the company in June.

Rejecting the applications, the watchdog also asserted that these provisions were time tested and superior courts have always gone ahead with proceeding simultaneously in respect of the conduct of the company and its persons in charge.

Complaints against Monsanto were filed by the agriculture ministry and the National Seeds Association of India (NSAI), among others.