Notice for Acquisition given by Magma Fincorp Limited.
Case brief
What is this about?
The Competition Commission of India received a notice regarding the acquisition of Religare's leasing portfolio by Magma Fincorp. The Commission found no adverse competition concerns and approved the combination under Section 31(1).
What did the court decide?
The proposed combination was approved under subsection (1) of Section 31 of the Act.
What the court decided
COMPETITION COMMISSION OF INDIA
22nd January, 2013
Combination Registration No. C-2012/12/102
Order under section 31(1) of the Competition Act, 2002
- On 28th December, 2012, the Competition Commission of India (hereinafter referred to as the “ Commission ”) received a notice under sub-section (2) of Section 6 of the Competition Act, 2002 (hereinafter referred to as the “ Act ”) given by Magma Fincorp Limited (hereinafter referred to as “ Magma ”).
- The notice which was given pursuant to an Agreement for Sale dated 15th December, 2012 (hereinafter referred to as the “ Agreement ”) executed between Religare Finvest Limited (hereinafter referred to as “ Religare” ) and Magma, relates to the acquisition by Magma of all the rights, title and interest in the vehicles and all receivables arising therefrom, whether under the lease agreements/vehicles purchase agreement or otherwise, which constitutes the entire leasing portfolio of Religare.
- In terms of Regulation 14 of the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011(hereinafter referred to as the “ Combination Regulations ”), vide letter dated 4th January, 2013, Magma was required to remove certain defects and provide information/ document(s). The response of Magma in this regard was received on 14th January, 2013.
Issues for consideration
2 issues framed by the court
Whether the proposed acquisition of Religare's leasing portfolio by Magma is liable to be disapproved under the Competition Act.
Whether the combination is likely to cause an appreciable adverse effect on competition in India.
Parties & counsel
- applicant
MAGMA FINCORP LIMITED
- other
RELIgare FINVEST LIMITED
Case details
As recorded by the court registry
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