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Concentration of market power

in the EU seed market

17

* “When used in the context of patents, a cross-licensing agreement is an agreement pursuant to which two or more license holders exchange licenses so that each party may

benefit from the other’s patent. Generally, the patents that each party owns cover different essential aspects of a given commercial product. Therefore, by cross licensing,

each party maintains their freedom to bring the commercial product to market. Pursuant to cross licensing, neither party pays monetary royalties to the other party”. Extract

from uslegal.com,

http://definitions.uslegal.com/c/cross-licensing-agreement/

** “A business arrangement in which two or more parties agree to pool their resources for the purpose of accomplishing a specific task”

(http://www.investopedia.com/terms/j/ jointventure.asp

). For istance KWS and Limagrain have set up a joint venture, Genective, in order to develop GMO traits primarily intended for maize seeds

(http://www.genective.com/about-us/)

*** Extract from

Monsanto’s Seed Company Subsidiaries

, Food and water Watch, April 2013,

http://www.foodandwaterwatch.org/doc/MonsantoSeedsFS.pdf

how consolidation works

in the seed sector

The seed giants rely on

di erent

growth strategies:

Creating customer dependency (hybridisation)

Farmers are sold F1 hybrids that produce less productive seeds in the second generation, and so

farmers are then obliged to buy new seed each year to maintain high yields. In some farming

systems where farm-saved seed has been replaced by dependency on higher yielding (but sterile)

hybrid varieties demanding more inputs, production costs have increased signi cantly.

Protecting their plant reproductive material using intellectual

property rights

Plant breeders' rights (PBRs) or patents

.

Horizontal Integration

acquisition of other breeding

companies.

Vertical integration

acquisition of seed producing

companies and seed retailers

Building alliances

cross-licensing agreements*, joint ventures**, research partnerships and distribution partnerships.

The seed industry also develops supply agreements with the food processing industry (tomato sauce,

pasta, etc.).

Outsourcing

transferring portions of

work to outside suppliers.

This can be done in particular

with risky operations such as

multiplying.

In order to distribute their own products on the national and local market, a

large seed company can make a deal with smaller seed companies without

owning them. For example in order to distribute their own products.

In addition to the many seed companies that are partially or fully owned by

Monsanto and Seminis, some seed companies distribute Seminis products,

along with other companies' products. This does not mean that these

companies are owned by Seminis or Monsanto, nor do they necessarily supply

genetically engineered (GE) vegetables — Seminis has many products that

are conventionally bred hybrid varieties. But they do bring Seminis products

to the market.

***

H

F1

distribution partnership:

the case of monsanto and its distributors