美国司法部称，拜耳承诺七年内不恢复玉米与大豆种子捆绑及相关忠诚计划激励条款
Antitrust Division Secures Seed Tying and Loyalty Program Commitments from Bayer
美国司法部宣布，在对玉米和大豆种子市场排他性行为的调查期间，拜耳作物科学已调整其 Premier Performance Program，并承诺七年内不恢复相关条款。该计划此前要求独立种子公司同时达到玉米和大豆销售目标才能获得折扣；拜耳已从2025种植年度取消这项捆绑，并承诺不恢复。拜耳还取消了可能抑制独立种子公司授权竞争对手技术的激励条款，承诺七年内不恢复这些条款或实质相似的激励计划。
司法部称，相关承诺针对其对玉米和大豆种子市场竞争的担忧，涉及独立种子公司的折扣条件及竞争对手技术授权选择。
Today, the Department of Justice announced that during the course of the Antitrust Division’s ongoing investigation into exclusionary conduct in corn and soybean seed markets, Bayer CropScience LLC has removed potentially anticompetitive provisions from its loyalty program. These changes benefit American consumers, farmers, and independent seed companies, which license seed technology from Bayer to produce seeds to meet the needs of farmers. In response to the Division’s concerns, Bayer has committed to not reinstate these provisions for seven years.
“American farmers deserve competitive markets, not contractual restrictions that limit choice and innovation," said Associate Attorney General Stanley Woodward. "This Department of Justice will use every appropriate tool to protect farmers and preserve competition.”
“Enforcement in agriculture is a top priority for the Antitrust Division,” said Acting Assistant Attorney General Omeed A. Assefi of the Justice Department’s Antitrust Division. “We are focused on conduct that poses competitive harm to both farmers and consumers.”
“I commend Acting Attorney General Blanche and the Antitrust Division of the Department of Justice (DOJ) for securing commitments from input giant Bayer CropScience LLC to remove unfair provisions from its loyalty program for certain seeds,” said U.S. Secretary of Agriculture Brooke Rollins. “These actions build upon our 2025 USDA-DOJ Memorandum of Understanding strengthening competition in agricultural supply chains for our farmers, who are among the best in the world. We must celebrate this great progress, while acknowledging there’s much more work to be done!”
“Loyalty programs that discourage customers from switching to alternative sellers pose a danger to competition,” said Deputy Assistant Attorney General Nicole Sarrine of the Justice Department’s Antitrust Division. “We are pleased that Bayer has taken these actions addressing competitive concerns of the Division about Bayer’s loyalty program.”
Bayer has made two important changes to its “Premier Performance Program,” a key subject of the Division’s scrutiny. First, Bayer’s Premier Performance Program previously required independent seed companies to meet sales targets for both corn and soybean to achieve discounts under its loyalty program. This contractual restraint raised concerns that Bayer was anticompetitively tying corn seed and soybean seed. Bayer dropped the tie between corn seed and soybean seed for the 2025 planting year. In response to the Division’s concerns, Bayer has now committed to not reinstate the tie for seven years.
Second, the Premier Performance Program formerly included incentives that could limit independent seed companies’ willingness to license technology from Bayer’s competitors. Bayer eliminated these potentially anticompetitive provisions from its loyalty program. In response to the Division’s concerns, Bayer has committed to not reinstate these incentives, or any substantially similar incentive program, for seven years.
Anyone with information about anticompetitive conduct in agricultural industries or any other violations of the antitrust laws is encouraged to contact the Antitrust Division’s Citizen Complaint Center at 1-888-647-3258 or [email protected].
Bayer CropScience LLC — headquartered in Creve Coeur, Missouri — is one of the largest seed companies in the world. It is the primary source for traited corn seed sold by independent seed companies.
来源：美国司法部 · 反垄断 · justice.gov