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COLOMBIA | Corporate Law, Antitrust | Colombian Antitrust Authority approves Bayer-Monsanto merger
The Colombian Antitrust Authority (SIC in Spanish) approved the economic concentration between Colombian subsidiaries of Bayer-Monsanto (Bayer S.A. and Compañía Agrícola S.A.S.), which will take place in the country due to the worldwide Bayer-Monsanto merger.
The operation is conditional on Bayer selling its watermelon seed business nationwide, which also sells products under the Nunhems trademark.
Bayer S.A. and the Compañía Agrícola S.A.S. will preserve its legal independence.
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BRAZIL | Patents | Brazil would significantly reduce its Patent Prosecution Deadlines
On 21 January 2018, the Brazilian Senate debated a project reforming the country’s Patent Prosecution Procedure, through the gradual reduction of patent prosecution deadlines. The project proposes a reduction (1) from 18 to 12 months to publish an application; (2) from 36 to 18 months to request substantive examination; and (3) from 60 to 30 days to provide documents requested by the Patent Office; and (4) from 90 to 30 days for the applicants manifestations on any requirement.
In addition, the project proposes strengthening the Brazilian Patent Office (INPI in Portuguese) by granting new prerogatives in terms of autonomy, patrimony, and income.
Finally, the project establishes the responsibility of the authority, to publish an annual management report that includes, among others, the planning of goals and distribution of resources.
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USA | Competence Law, Antitrust | New lawsuit against poultry giants for alleged price-fixing
On 12 January 2018, grocery store chain Winn-Dixie filed a suit (before the US District Court in Chicago) against poultry-giants Tyson Foods, Perdue Farms and Koch Foods for alleged price fixing.
Winn-Dixie Stores alleged that these companies conspired to fix the price of chickens since 2008, by “destroying” their own breeder hens and eggs to hamper production to reduce the chicken supply, bumping up the price of chickens 50% since 2008.
The chicken manufacturers named in the suit together control about 90% of the US$30 billion broiler market.
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USA | Competence Law, Antitrust | US Justice Department may seek damages from generic medicine makers for price-fixing
On 19 January 2018 –and according to Bloomberg-, some generic medicines manufacturers could be investigated by the Antitrust Division of the US Department of Justice (DOJ).
Specifically, the DOJ would pressure generic pharma companies to recover damages caused by presumed price fixing, which meant that taxpayers were overcharged due to collusion to raise prices.
Within the pharmaceutical companies under DOJ’ eye, are Mylan, Teva and Endo.
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COLOMBIA | Corporate Law, Data Privacy | Colombian Government reduces the number of persons forced to register its personal databases and extends the term for those who continue under this obligation
On 18 January 2018, the Government of Colombia issued Decree 090/2018, which extended registration deadlines of databases in the country, and that additionally excluded from the registration obligation natural persons and non-profit companies and entities complying SMES parameters.
Legal entities of public nature and companies (private legal entities and mixed economy companies registered in the country’s chambers of commerce and non-profit entities with total assets exceeding approx. US$ 1 million) continue to be obliged to register its databases.
Regarding the new deadlines, now companies and nonprofit entities that have assets higher than 610,000 Tax Value Units (UVT) will have until 30 September 2018 to comply with the obligation, while the term for those between 100,000 and 610,000 UVT will go until 30 November 2018. Regarding legal entities of a public nature, they must comply with the registration obligation before 31 January 2019.
