The U.S. Justice
Department announced today that it is requiring Syngenta AG
to divest the worldwide sugar beet seed business of Advanta B.V.
in order to proceed with its planned $475 million acquisition of
Advanta. The Department said the transaction, as originally
proposed, would have resulted in higher prices and reduced seed
innovation for U.S. sugar beet growers.
The Department's Antitrust
Division filed a lawsuit today in U.S. District Court in
Washington, D.C. to block the proposed transaction. At the same
time, the Department filed a proposed consent decree that, if
approved by the court, would resolve the Department's
competitive concerns and the lawsuit.
"If the original transaction had
been allowed to proceed, American farmers would have lost one of
the major innovators for sugar beet seeds," said R. Hewitt Pate,
Assistant Attorney General in charge of the Department's
Antitrust Division. "As a result of the divestiture, farmers
will continue to benefit from the competition that results in
lower priced seeds with higher yields and better disease
resistance."
Syngenta and Advanta currently
compete to develop and produce sugar beet seeds planted in the
United States. Sugar beets are sold to processors, who convert
them to sugar.
According to the complaint,
Syngenta and Advanta are two of only three significant
developers of sugar beet seeds suitable for growing in the
United States. Both companies devote considerable research and
development resources to seed innovation.
Syngenta, the third largest
agricultural seed company in the world, is headquartered in
Switzerland. Its global seed sales were approximately $1 billion
in 2003. Syngenta sells its sugar beet seeds in the United
States under the Hilleshog brand, and its 2003 sales in the U.S.
were approximately $10 million.
Advanta, a Dutch corporation
owned by two European companies, is the fifth largest
agricultural seed company in the world. In 2003, Advanta had
U.S. sugar beet seed sales of approximately $7 million.