Notice for Acquisition given by Kotak Mahindra Bank Limited.
Case brief
What is this about?
The Competition Commission of India approved the acquisition of unsecured loan portfolios by Kotak Mahindra Bank Limited from Barclays entities under Section 31(1) of the Competition Act, 2002.
What did the court decide?
Approval of the proposed combination under Section 31(1) of the Competition Act, 2002.
What the court decided
22nd January, 2013
Combination Registration No. C-2013/01/103
Competition Commission of India
Order under Section 31 (1) of the Competition Act, 2002
- On 2nd January, 2013, 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 Kotak Mahindra Bank Limited (hereinafter referred to as “ Kotak ”). As per the details provided in the notice, the proposed combination relates to acquisition by Kotak of portfolios of certain unsecured loans of Barclays Bank PLC, India Branch (hereinafter referred to as “ Barclays India ”) and Barclays Investments and Loans (India) Limited (hereinafter referred to as “ BILIL ”) under the nomenclature ‘ Business Instalment Loans’ .
- The said notice was given pursuant to the execution of two framework deeds, one between Barclays India and Kotak and the other between Barclays Bank Plc., BILIL and Kotak, both executed on 24th December, 2012. It has been stated in the notice that all transactions contemplated by the framework deeds are to be consummated simultaneously and no assignment of the portfolio of Business Instalment Loans shall be deemed to take place unless the transactions in both the framework deeds are consummated simultaneously on the same date. It has been further stated in the notice that, as the framework deeds are part of the same transaction and their closings are cross-conditional to each other, a single notice in terms of sub-regulation (4) of Regulation 9 of the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011 is being filled by Kotak.
Issues for consideration
1 issue framed by the court
Whether the proposed acquisition of loan portfolios by Kotak from Barclays entities is likely to cause an appreciable adverse effect on competition in India.
Parties & counsel
- applicant
Kotak Mahindra Bank Limited
Case details
As recorded by the court registry
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