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Bayer Drops Seed Program Rules After DOJ Flags Unfair Competition For US Farmers

The U.S. Department of Justice announced today that agriculture giant Bayer CropScience LLC has removed several controversial rules from its seed loyalty program. The changes come during an ongoing government investigation into fair competition in the corn and soybean seed markets. Bayer has promised not to bring these specific rules back for at least seven years.

The adjustments target Bayer’s “Premier Performance Program.” Previously, the company required independent seed businesses to hit high sales goals for both corn and soybeans just to get a discount. Government officials worried this unfairly tied the two crops together. Bayer dropped that rule for the 2025 planting year and has now locked in that change for the next seven years.

Bayer also threw out a second set of rewards that officials say discouraged independent seed companies from buying from Bayer’s competitors. Bayer, which is based in Creve Coeur, Missouri, is currently the main supplier of special trait corn seeds used by independent farms and businesses.

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Justice Department officials say these changes directly protect everyday consumers, local farmers, and smaller independent seed companies that rely on licensing Bayer’s technology.

“Enforcement in agriculture is a top priority for the Antitrust Division,” said Acting Assistant Attorney General Omeed A. Assefi. “We are focused on conduct that poses competitive harm to both farmers and consumers.”

Deputy Assistant Attorney General Nicole Sarrine added that programs keeping customers from trying other brands hurt the open market. “Loyalty programs that discourage customers from switching to alternative sellers pose a danger to competition,” Sarrine said. “We are pleased that Bayer has taken these actions addressing competitive concerns.”

The U.S. Department of Agriculture also backed the move, pointing to a 2025 agreement between the USDA and the DOJ to keep agricultural supply chains fair.

“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. “We must celebrate this great progress, while acknowledging there’s much more work to be done!”

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