Notice given by Fmc Corporation
Case brief
What is this about?
The Competition Commission of India reviewed a proposed combination between FMC Corporation and Auriga Industries acquiring Cheminova A/S. After assessing market overlaps in agrochemicals and finding no significant adverse effect, the Commission approved the transaction under Section 31(1).
What did the court decide?
Combination registered and approved under Section 31(1) of the Competition Act, 2002.
What the court decided
COMPETITION COMMISSION OF INDIA
(Combination Registration No. C-2014/09/212)
Fair Competition For Greater Good
02.02.2015
Notice u/s 6 (2) of the Competition Act, 2002 given by FMC Corporation
Order under Section 31(1) of the Competition Act, 2002
- On 30th September 2014, 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 (“ Act ”) filed by FMC Corporation (“ FMC” or Acquirer” ).
- The notice was given pursuant to a share purchase agreement executed between FMC and Auriga Industries A/S (“ Auriga ”) on 8th September 2014 (“ SPA” ). Pursuant to the SPA, FMC will purchase, either directly or through a wholly-owned subsidiary, the entire issued and outstanding share capital of Cheminova A/S (“ Cheminova ”) from Auriga. At present, Cheminova is a wholly-owned subsidiary of Auriga and after the proposed combination it will become a subsidiary of FMC. (Hereinafter FMC and Cheminova are collectively referred to as “ Parties ” . )
- The proposed combination falls under section 5 (a) of the Act.
Issues for consideration
2 issues framed by the court
Whether the proposed combination between FMC Corporation and Auriga Industries is likely to have an appreciable adverse effect on competition in India?
Whether the relevant market for agrochemical products needs precise delineation for this transaction?
Parties & counsel
- applicant
FMC Corporation
- applicant
Cheminova A/S
Case details
As recorded by the court registry
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