DOJ's Biotech Merger Settlement Shows Flexibility

Law360, New York (July 25, 2007, 12:00 AM EDT) -- A recent settlement in a biotech merger case may signal a greater willingness by DOJ to accept remedy provisions it previously would have rejected, especially to resolve vertical issues in industries heavily dependent on intellectual property and innovation.

Rather than challenge Monsanto’s proposed acquisition of Delta and Pine Land Company, DOJ agreed to a settlement that departs from some of its traditional policies and practices regarding merger remedies.

The announced remedy: (1) assembles a new competitor with a package of assets, tangible and intangible, drawn from...
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