Innovation Effects in Dow/DuPont: A Patent Analysis

In March 2017, the European Commission conditionally approved the Dow/DuPont merger. It was found that the transaction would lead to the significant impediment of innovation competition in the crop protection industry, specifically in the markets for herbicides, insecticides, and fungicides. As a result, the decision requires the divestiture of DuPont’s entire crop protection pipeline and global research and development organization. The aim of this article is to explore through patent analysis whether and to what extent the merging parties are competing in the relevant innovation spaces. The results are compared and contrasted to the findings of the Commission in the agricultural chemicals, seeds, and materials science markets