Notice for Acquisition given by Intel Corporation and Motorola Mobility Llc.
Case brief
What is this about?
The Competition Commission of India issued an order approving the proposed combination where Intel Corporation acquired assets of Motorola Mobility LLC. The Commission determined the combination would not have an appreciable adverse effect on competition in India.
What did the court decide?
Approval of the proposed combination under Section 31(1) of the Competition Act, 2002.
What the court decided
COMPETITION COMMISSION OF INDIA
22nd January, 2013
Combination Registration No. C-2013/01/104
Order under Section 31 (1) of the Competition Act, 2002
- On 4th 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 Intel Corporation (hereinafter referred to as “ Intel ”) and Motorola Mobility LLC (hereinafter referred to as “ MM LLC ”) (hereinafter Intel and MM LLC are collectively referred to as “ parties to the combination ”). The said notice was given pursuant to execution of an Asset Purchase Agreement (hereinafter referred to as the “ APA ”) on 5th December, 2012 entered into between Intel and MM LLC.
- The proposed combination relates to acquisition by Intel of certain assets of MM LLC including non-Indian intellectual property rights which include patents & patent applications; tangible assets of MM LLC located in the US; and rights to hire some US employees of MM LLC, which as stated in the notice relates to the development of technologies used in the components of wireless handheld devices known as cellular baseband processors.
- The proposed combination falls under Section 5 (a) of the Act.
- Intel is stated to be engaged in the design and manufacture of integrated circuits for computing and communications. Intel’s main product portfolio includes microprocessors, chipsets, motherboards and wireless components as well as a range of software products. It has been stated in the notice that Intel is a recent entrant into the production of components for wireless hand held devices including cellular baseband processors. Intel is stated to be present in India through its subsidiaries namely, Intel Technology India Private Limited (hereinafter referred to as “ Intel Tech India ”), Intel Mobile Communications India Private Limited (hereinafter referred to as “ Intel Mobile India ”), Silicon Hive Electronics Private Limited (hereinafter referred to as “ Silicon Hive ”), McAfee Software (India) Private Limited (hereinafter referred to as “ McAfee Software India ”), McAfee India Sales Private Limited (hereinafter referred to as “ McAfee Sales India ”) and Wind River Systems International Inc. (India Branch Office) (hereinafter referred to as “ Wind River Systems ”). Intel Tech India has three primary business segments in India, i.e. Intel
Case details
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