Notice given by Mitsubishi Heavy Industries, Ltd. and Hitachi, Ltd.
Case brief
What is this about?
The Competition Commission of India approved a proposed joint venture between Mitsubishi Heavy Industries Ltd. and Hitachi Ltd. in the thermal power sector.
What did the court decide?
The proposed combination is approved without prejudice to other legal obligations.
What the court decided
Fair Competition For Greater Good
COMPETITION COMMISSION OF INDIA
(Combination Registration No. C-2013/07/126)
06.11.2013
Notice u/s 6 (2) of the Competition Act, 2002 given by:
- Mitsubishi Heavy Industries, Ltd.; and
- Hitachi, Ltd.
Order under Section 31(1) of the Competition Act, 2002
- On 10th July, 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 Mitsubishi Heavy Industries, Ltd. (hereinafter referred to as “ MHI ”) and Hitachi, Ltd (hereinafter referred to as “ HL ”) (hereinafter MHI and HL are collectively referred to as the “ parties to the combination ”). The notice was given pursuant to the Joint Venture Agreement and Business Integration Agreement, which were executed on 11th June 2013, (hereinafter, both these agreements are collectively referred to as “ Agreements ”) between MHI and HL.
Issues for consideration
3 issues framed by the court
Whether the proposed combination between Mitsubishi Heavy Industries and Hitachi would have an appreciable adverse effect on competition.
The extent of market share of the parties in the BTG equipment market in India.
The impact of existing overcapacity and imports on the proposed combination.
Parties & counsel
- applicant
Mitsubishi Heavy Industries, Ltd.
- applicant
Hitachi, Ltd.
Coram
Ashok Chawla
Case details
As recorded by the court registry
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