Notice given by Ushdev Windpark Private Limited.
Case brief
What is this about?
The Competition Commission of India received a notice from Ushdev Windpark Private Limited seeking approval for the acquisition of wind power projects from Gupta Coal India Private Limited. Assessing the market share and facts, the Commission approved the combination under Section 31(1), finding no likely appreciation adverse effect on competition.
What did the court decide?
Approval of the proposed combination under Section 31(1) of the Competition Act, 2002.
What the court decided
Fair competition for greater good
COMPETITION COMMISSION OF INDIA
(Combination Registration No. C-2013/09/131)
03.10.2013
Notice u/s 6 (2) of the Competition Act, 2002 given by:
Ushdev Windpark Private Limited.
Order under Section 31(1) of the Competition Act, 2002
- On 18th September, 2013 the Competition Commission of India (hereinafter referred to as the “ Commission ”) received a notice under subsection (2) of Section 6 of the Competition Act, 2002 (hereinafter referred to as the “ Act ”), given by Ushdev Windpark Private Limited (hereinafter referred to as “ UWPL ” or the “ Acquirer ”). The notice was given pursuant to the execution of a Business Transfer Agreement entered into between Ushdev Power Holdings Private Limited (hereinafter referred to as “ UPHPL ”), UWPL, Gupta Corporation Private Limited (hereinafter referred to as “ GCPL ”), Gupta Coal India Private Limited (hereinafter referred to as “ GCIPL ”), Gupta Infrastructure India Private Limited (hereinafter referred to as “ GIIPL ”) and Gupta Realinfra Ventures Private Limited (hereinafter referred to as “ GRVPL ”), on 19th August 2013 (hereinafter referred to as the “ BTA ”).
Issues for consideration
1 issue framed by the court
Whether approval of a proposed acquisition of wind power projects by an unlisted company is likely to have an appreciable adverse effect on competition under Section 4 of the Competition Act, 2002.
Parties & counsel
- applicant
Ushdev Windpark Private Limited
Coram
Ashok Chawla
Geeta Gouri
Anurag Goel
Case details
As recorded by the court registry
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