On 7^th August, 2017, the Competition Commission of India (CCI) received a notice filed by Bayer Aktiengesellschaft (Bayer) in relation to acquisition of the entire shareholding of Monsanto Company (Monsanto) by Bayer. Bayer, the Acquirer, is a German Stock Corporation, and is a life sciences company with competencies in the areas of health care and agriculture. The activities of Bayer are carried-out in three main Divisions viz. pharmaceuticals, consumer health, and crop sciences. Monsanto is a global provider of agricultural products for farmers, viz. seeds, biotechnology traits and herbicides.

The Commission is of the prima facie opinion that the proposed combination is likely to have an appreciable adverse effect on competition and, accordingly, has directed Bayer, in terms of Section 29(2) of the Competition Act, 2002, to publish details of the combination for bringing the combination to the knowledge or information of the public and persons affected or likely to be affected by such combination.

Bayer has already published the details of the proposed combination in all India Editions of four newspapers viz., The Business Line, The Financial Express, Indian Express and The Statesman on 05^th January, 2018 and the same is also hosted on the respective websites of the parties. The said details are also available on the website of the Commission (www.cci.gov.in).

As per the provisions of Section 29(3) of the Act, the Commission invites comments/objections/ suggestions in writing, from any person(s) adversely affected or likely to be affected by the proposed combination.  The same may be addressed to the Secretary, Competition Commission of India, Hindustan Times House, 7th Floor, 18-20, Kasturba Gandhi Marg, New Delhi – 110001 or through email: [email protected], within fifteen working days from the date of publication of details of the proposed combination.

The Commission is not likely to consider unsubstantiated objections.

Appreciable adverse effect on competition prompts invitation for public comments and objections on proposed merger. The Commission formed a prima facie view that the proposed Bayer Monsanto combination is likely to have an appreciable adverse effect on competition and directed publication of transaction details under Section 29(2). Details were published in national newspapers and are on the parties' and Commission's websites. Under Section 29(3) the Commission invites written comments, suggestions or objections from persons adversely affected or likely to be affected, to be filed with the Secretary within fifteen working days of publication; unsubstantiated objections are unlikely to be considered.