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Bayer Changes Seed Program After DOJ Raised Unfair Competition Concerns

By  |  May 20, 2026
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The U.S. Department of Justice’s Antitrust Division announced that Bayer CropScience has agreed to remove several provisions from its Premier Performance Program that regulators said could harm competition in agricultural seed markets.

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    According to a statement from the DOJ, Bayer also committed not to restore the challenged provisions for at least seven years. The changes are tied to an ongoing federal investigation into competition concerns involving the sale of corn and soybean seeds in the United States.

    Federal officials said one of the key issues involved a requirement that independent seed companies meet sales targets for both corn and soybean products in order to qualify for certain discounts. Per statement from the DOJ, regulators believed the arrangement improperly linked the two markets and may have discouraged fair competition among seed suppliers.

    The department said Bayer has now removed that requirement, ending what officials described as a tie between corn and soybean sales incentives.

    In addition, Bayer agreed to eliminate incentive structures that federal regulators said could discourage independent seed companies from licensing crop technology from Bayer competitors. According to a statement issued jointly by the DOJ and the U.S. Department of Agriculture, the move is expected to give seed companies greater flexibility when choosing technology providers.

    Acting Assistant Attorney General Omeed A. Assefi said agricultural enforcement remains a major focus for the Antitrust Division.

    “Protecting competition in agricultural markets is a top priority for the Antitrust Division,” Assefi said.

    Agriculture Secretary Brooke Rollins said the agreement reflects broader efforts between federal agencies to strengthen competition across the agricultural supply chain. Per statement, Rollins pointed to the 2025 memorandum of understanding between the USDA and DOJ as part of the government’s push to address anticompetitive practices affecting farmers and rural businesses.

    The DOJ emphasized that its investigation into potential exclusionary conduct in the corn and soybean seed sectors is still ongoing. Officials also encouraged members of the public to report possible antitrust violations through the department’s Citizen Complaint Center.

    The case comes amid increased federal scrutiny of consolidation and competitive practices in the agriculture industry, where a small number of major firms control significant portions of the seed and crop technology markets.

    Source: Justice Gov