Bugs and Weeds - The Antitrust Division's Foray Into the Land of Cotton and Bioscience: The Monsanto/Delta & Pine Land Vertical and Horizontal Merger and Consent Decree

On May 31, 2007, the Antitrust Division of the Department of Justice approved, subject to a consent decree, the acquisition of the largest U.S. cottonseed grower, Delta and Pine Land Company, by the leading U.S. supplier of cottonseed genetic modification biotechnology, Monsanto Company. The settlement is not noteworthy for its routine horizontal features; in particular, requiring divestiture of Monsanto's own recently reacquired cottonseed-growing business which Monsanto had offered up to the DOJ at the start of the nine-month-long investigation. Rather, the most important part of this settlement is its vertical features.


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