Notice given by Ht Global It Solutions Holdings Limited.
Case brief
What is this about?
The Competition Commission of India considered a notice regarding an acquisition of Hexaware Technologies Limited by HT Global IT Solutions Holdings Limited. The Commission assessed the combination under the Competition Act, 2002 and approved the proposed acquisition.
What did the court decide?
The proposed combination is approved under sub-section (1) of Section 31 of the Competition Act, 2002.
What the court decided
Fair competition for greater good
COMPETITION COMMISSION OF INDIA
(Combination Registration No. C-2013/09/130)
19.09.2013
Notice u/s 6 (2) of the Competition Act, 2002 given by:
HT Global IT Solutions Holdings Limited
Order under Section 31(1) of the Competition Act, 2002
- On 5th September, 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 HT Global IT Solutions Holdings Limited (hereinafter referred to as “ Baring Asia ” or the “ Acquirer ”), a company belonging to the Baring Private Equity Asia Group. The notice was given pursuant to the execution on 23rd August, 2013, of two separate Share Purchase Agreements, entered into between the Acquirer, Elder Infosystems Private Limited and Elder Venture LLP and between the Acquirer and GA Global Investments Limited.
- As per the information given in the notice, the proposed combination relates to the acquisition by Baring Asia, of 41.48 per cent of the equity share capital (including unlisted ADRs equivalent to 7.01 per cent of the equity share capital) of Hexaware Technologies Limited (hereinafter referred to as “ Hexaware ”), pursuant to the said Share Purchase Agreements. Additionally, Baring Asia also proposes to acquire upto 26 per cent of the equity share capital of Hexaware pursuant to the mandatory open offer under the SEBI (Substantial Acquisition of Shares and Takeovers), Regulations 2011.
Issues for consideration
2 issues framed by the court
Whether the proposed acquisition of Hexaware Technologies Limited by HT Global IT Solutions Holdings Limited is likely to have an appreciable adverse effect on competition in India.
Whether the proposed combination satisfies the requirements for approval under the Competition Act, 2002.
Parties & counsel
- applicant
HT Global IT Solutions Holdings Limited
Coram
Ashok Chawla
Geeta Gouri
Anurag Goel
Case details
As recorded by the court registry
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