Notice given by Mylan Laboratories Ltd.
Case brief
What is this about?
The Competition Commission of India approved the proposed combination where Mylan Laboratories Limited acquired a new Finished Dosage Forms manufacturing facility from Unichem Laboratories Limited. The Commission found that since the transaction involved only an asset and no control or brands, it would not affect the Indian market or cause adverse competition concerns.
What did the court decide?
The combination is hereby approved under sub-section (1) of Section 31 of the Act, subject to the revocation of this order if information provided is found incorrect.
What the court decided
COMPETITION COMMISSION OF INDIA
(Combination Registration No. C-2013/04/119)
06.06. 2013
Notice u/s 6 (2) of the Competition Act, 2002 given by:
- Mylan Laboratories Limited
Order under Section 31(1) of the Competition Act, 2002
- On 4th April, 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 Mylan Laboratories Limited (hereinafter referred to as “ Mylan/Acquirer ”).
- The proposed combination comprises acquisition by Mylan, of a newly established Finished Dosage Forms (hereinafter referred to as “ FDFs ”) manufacturing facility located in a Special Economic Zone in Dhar district in the state of Madhya Pradesh, from Unichem Laboratories Limited (hereinafter referred to as “ Unichem ”). The notice was filed pursuant to the execution of a Business Transfer Agreement on 11th March, 2013 between Unichem and Mylan. The proposed combination falls under Section 5 (a) of the Act.
- In terms of Regulation 14 of the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011, vide letter dated 11th April, 2013, the Acquirer was required to remove defects and provide certain information regarding the notice. The Acquirer filed its response on 27th May, 2013.
Issues for consideration
2 issues framed by the court
Whether the proposed combination between Mylan Laboratories Limited and Unichem Laboratories Limited is likely to have an appreciable adverse effect on competition in India.
Whether the acquisition of a newly established Finished Dosage Forms facility by Mylan requires approval under the Competition Act, 2002.
Parties & counsel
- applicant
Mylan Laboratories Limited
- applicant
Unichem Laboratories Limited
Case details
As recorded by the court registry
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