AGCO has delivered termination notices, with immediate effect, of its Massey Ferguson brand license agreement with Tractors and Farm Equipment Limited (TAFE), as well as a distributor agreement with TAFE for the markets of India, Nepal and Bhutan. AGCO also terminates an intellectual property license agreement with TAFE for the markets of India, Nepal, Sri Lanka, Bangladesh and Bhutan.
According to AGCO, these terminations follow inappropriate and unauthorized actions taken by TAFE that the company believes breached the various agreements.
AGCO also has commenced legal proceedings against TAFE in India related to the use of the Massey Ferguson brand following delivery of these termination notices. As a result of these notices, TAFE is no longer an approved licensee / user / distributor / seller, as the case may be, for AGCO’s Massey Ferguson brand or Massey Ferguson products for trade in India, Nepal, Sri Lanka, Bangladesh and Bhutan.
This termination (with immediate effect) is in addition to and distinct from the termination notices AGCO served on TAFE in April 2024 regarding the at-will termination of certain commercial agreements.
India remains an important market for the future of agriculture, and AGCO is committed to partnering with farmers to grow the respected Massey Ferguson brand.
Learn more about AGCO and Massey Ferguson in India here.
Letter / Statement TAFE
AGCO comments on letter TAFE
Since its inception in 1960, TAFE has produced, built and nurtured the Massey Ferguson brand offering a wide product portfolio of over 500 models in India on the back of strong indigenous R&D and quality control. With a total annual production of over 180,000 tractors, over 100,000 Massey Ferguson are produced by TAFE in India with over 3 Million satisfied customers in its fold. TAFE and Massey Ferguson are synonymous in India.
TAFE is the second largest producer of tractors in India and the third largest in the world, having established a reputation for itself for its reliability in quality winning the trust of farmers both in India and over 80 international markets. A strong distribution network of over 2,000 dealers effectively supports TAFE’s four iconic tractor brands – Massey Ferguson, TAFE, Eicher Tractors, and IMT. TAFE exports tractors to more than 80 countries. TAFE has won innumerable accolades for performance and parts supply from its customers , industry bodies, media, and governments winning international recognition for quality and customer satisfaction.
TAFE’s products are India-centric in design, distinctly different from AGCO’s products and ideally suited for small and medium farmers of India and across the world. AGCO’s global brand website has historically for six decades has made no mention of the Massey Ferguson in the context of India, Nepal and Bhutan having ceded the entire territory to TAFE since the take-over of Massey Ferguson India in 1960.
TAFE acquired shareholding in AGCO corporation commencing in 2012 to become its single largest shareholder and strategic long-term investor. This strengthened the collaborative relationship between the companies, and TAFE and AGCO signed ‘Letter Agreements’ that have for over a decade assured AGCO of steady support.
As TAFE’s strategic influence increased, rather than address issues plaguing AGCO that have repeatedly called attention to, including flaws with AGCO’s corporate governance, wholly inadequate engagement with shareholder and financial and operational performance in key areas, AGCO has sought to stifle TAFE’s ability to seek changes through contentious and ill-advised moves with respect to brand usage that has for over six decades been an uncontested area.
TAFE has asserted its claims over the ownership of the Massey Ferguson brand in a case filed before the Madras High Court. The Commercial Court in Chennai has ruled in favour of TAFE with an interim status quo order with respect to the Massey Ferguson brand as hitherto, it is therefore impermissible for either party to disturb the position as on 29th April 2024, and any attempt to do so will be violation of the court orders. TAFE has filed a petition against AGCO for disobedience of the orders of the court in a contempt petition in Chennai.
AGCO issued the following statement in response to the letter issued by Tractors and Farm Equipment Limited (“TAFE”)
TAFE’s interests are fundamentally misaligned with AGCO shareholders, and its letter today is just the latest tactic in its ongoing, self-serving campaign. In fact, TAFE’s letter was issued shortly after (i) AGCO prevailed at the Indian Supreme Court against TAFE’s efforts to avoid arbitrating one of its commercial disputes, and (ii) AGCO’s immediate termination of TAFE’s right to use the Massey Ferguson trademark and distribute Massey Ferguson products in India and other countries following TAFE’s inappropriate and unauthorized actions.
AGCO’s Board of Directors, which has been meaningfully refreshed in recent years, is overseeing management’s successful execution of the Company’s transformation and strategic plan, which resulted in record full-year net sales and adjusted operating margins in 2023, outperforming the global market. AGCO is also on track to deliver structurally higher adjusted operating margins compared to prior industry downturns.
AGCO’s Board of Directors and management team remain committed to acting in the best interests of all AGCO shareholders.
