Notice given by Herba Foods S.L.U.
Case brief
What is this about?
The Competition Commission of India approved the proposed combination involving Herba Foods, Olam India, and Taraori Mills pursuant to a notice under Section 6 of the Competition Act, 2002, finding no appreciable adverse effect on competition.
What did the court decide?
The Commission approved the proposed combination.
What the court decided
COMPETITION COMMISSION OF INDIA
4th April, 2013
Combination Registration No.: C-2013/03/115
Order under Section 31(1) of the Competition Act, 2002
- On 19th March, 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 Herba Foods, S.L.U. (hereinafter referred to as “ Herba ” or the “ Acquirer ”).
- The said notice was filed pursuant to the execution of a Share Purchase Agreement on 12th March, 2013 (hereinafter referred to as “ SPA ”) between Olam Agro India Limited (hereinafter referred to as “ Olam India ”), Herba and Taraori Rice Mills Private Limited (hereinafter referred to as “ Taraori Mills ”).
- Herba, a company incorporated under the laws of Spain, is a wholly-owned subsidiary of Ebro Foods S.A., Spain ( “Ebro ”). It has been stated in the notice that Ebro, through its various subsidiaries (“ Ebro Group ”), operates in different business segments including the rice business. The Acquirer is the holding company that controls and manages the subsidiaries in Ebro Group which are in the rice business. Further, Herba imports rice from India and is present, in India, through its wholly-owned subsidiary i.e. Herba Rice India Private Limited, which coordinates the purchase of rice from suppliers/exporters in India for the Ebro Group companies in USA and Europe.
Issues for consideration
2 issues framed by the court
Whether the proposed combination between Herba, Olam India, and Taraori Mills would have an appreciable adverse effect on competition.
Whether the vertical relationship between Herba and Taraori Mills after the combination raises adverse competition concerns.
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court