Latham Quality Sues Bayer Over 92% U.S. Corn Trait Market, Seeking Treble Damages
Updated
Updated · Journal Record · May 28
Latham Quality Sues Bayer Over 92% U.S. Corn Trait Market, Seeking Treble Damages
8 articles · Updated · Journal Record · May 28
A federal lawsuit made public Tuesday accuses Bayer of monopolizing the U.S. market for GMO corn seeds and seeks class-action status plus treble damages for Latham Quality and similar seed companies.
NK603 sits at the center of the case: Latham says nearly all U.S. genetically engineered hybrid corn uses Bayer’s Roundup-tolerant trait, and about 92% of corn acres are planted with herbicide-tolerant seeds.
The complaint says Bayer blocked generic competition after NK603’s last patent expired in 2022, kept charging royalties, raised licensing fees and warned Latham to “stay 100% loyal to Bayer.”
Bayer said the allegations lack merit and that corn seed markets are competitive, fair and diverse; the DOJ said last week Bayer removed potentially anti-competitive terms from a loyalty program for seed companies.
The case adds to Bayer’s legal pressures as U.S. farmers face a fourth year of shrinking margins and Bayer’s Crop Science quarterly earnings rose 17.9% to 3 billion euros.
With government scrutiny and new lawsuits, is the era of seed mega-monopolies finally ending for farmers?
Facing major lawsuits for both its seeds and weedkillers, can Bayer's agricultural empire withstand the pressure?
After a patent expires, how can a company legally be accused of still running a monopoly?
DOJ Forces Bayer to Halt Seed Loyalty Program Amid Antitrust Lawsuit: Impacts on U.S. Corn Seed Market, Farmers, and Industry Innovation
Overview
The U.S. agricultural sector, especially the genetically engineered corn seed market, is facing major challenges due to allegations of monopolistic practices by Bayer. Concerns about market concentration have led to regulatory action, with the Department of Justice reaching an agreement that forces Bayer to pause its seed loyalty program for seven years. This move, praised by Agriculture Secretary Brooke Rollins, aims to boost competition and fairness for farmers. At the same time, the Federal Trade Commission is also taking legal action against other industry giants like Syngenta and Corteva over similar loyalty programs, highlighting a broader effort to address anti-competitive behavior in agriculture.