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ARTICLE · 05 JULY 2018

Chile Tacks On Antitrust Behavioural Remedies In Bayer/Mosanto Deal

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Chile's competition watchdog has conditionally cleared Bayer's acquisition of Monsanto, subject to the divestment of certain seed and herbicide businesses and the agrochemical company agreeing not to offer exclusivity rebates for some of its products.

ChileAntitrust/Competition Law
Originally Published By Latin Lawyer
Originally Published By Latin Lawyer

Chile's competition watchdog has conditionally cleared Bayer's acquisition of Monsanto, subject to the divestment of certain seed and herbicide businesses and the agrochemical company agreeing not to offer exclusivity rebates for some of its products.

The enforcer confirmed its clearance of the US$63 million merger on 6 June, which closed on the following day.

As part of the remedies package, Chile's National Economic Prosecutor has prohibited Bayer from offering any exclusivity-related rebates to distributors that sell Monsanto's "Roundup" branded herbicides containing glyphosate. Brands affected by the commitments include Full, Platinum and Ultramax.

The agency has also barred Bayer from tying or packaging the distribution of glyphosate weed killer brands with its other agrochemical products.

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