Abstract
The study examines how intellectual property rights (IPRs), particularly patent duration and plant
breeders’ rights (PBRs) influence competition in South Africa’s maize seed market. It is grounded
in innovation and competition theory, which highlights the dual role of IPRs in promoting
technological development while potentially reinforcing market concentration. Within this
framework, patents and PBRs are conceptualised as institutional arrangements that shape entry
barriers, access to technology, and firm behaviour, providing the theoretical basis for a qualitative
assessment of competitive dynamics in the maize seed market. Using a qualitative case study
design, the research maps the evolution of global and local consolidation, legal frameworks, and
variety registration between 1996 and 2024. It assesses the effects of these frameworks on
market structure, variety registrations, and seed pricing in South Africa. The analysis is structured
across three key periods: pre-2008, marked by early mergers and acquisitions activities and the
introduction of genetically modified (GM) traits; 2008-2017, defined by global mega-mergers and
heightened concentration; and post-2018, characterised by local consolidation and legal
harmonisation under the UPOV 1991, which coincided with the expansion of GM seed
dominance. By 2024, GM varieties accounted for nearly 60% of all maize seed registrations, with
three multinational corporations, Corteva, Bayer, and ChemChina, controlling over 77% of these
varieties. The study found that persistent seed price premiums, high levels of variety registration
patterns by incumbents, and licencing practices are consistent with the strategic use of IPRs to
entrench market power in highly concentrated markets. Notably, the study reveals that local
consolidation, through domestic mergers and acquisitions and the development of processing
infrastructure, deepens incumbency and further limits competition. The study concludes with
targeted policy recommendations to strengthen competition oversight, limit excessive IPR
layering, and reinvigorate public breeding initiatives.