Antitrust claims were governed by forum selection clause

Pullen Seeds and Soil v. Monsanto Company, C.A. No. 06-599; Wade Farms, et al., v. Monsanto Company., C.A. No. 06-600-SLR, July 18, 2007.

Robinson, J.  Defendant’s motion to dismiss antitrust claims is granted.

Plaintiffs assert that Monsanto engaged in a comprehensive anti-competitive scheme resulting in higher pricing for the herbicide Roundup.  The Licensing Agreement included a forum selection clause requiring any lawsuit “connected in any way with this Agreement and the use of the seed or the Monsanto technologies” to be filed in Missouri.  The Court ruled that the antitrust allegations were encompassed by that forum selection clause and dismissed the action without prejudice to re-file in Missouri.

A copy of the full opinion is available here.

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