Strides Arcolab Limited and Shasun Pharmaceuticals Limited
Case brief
What is this about?
The Competition Commission of India assessed a proposed amalgamation of Shasun Pharmaceuticals Limited into Strides Arcolab Limited. After analyzing overlaps in formulation businesses and potential vertical foreclosure, the Commission found the combination unlikely to cause competition concerns and approved it under Section 31 of the Competition Act, 2002.
What did the court decide?
The proposed combination was approved. The approval is conditional upon the correctness of the information provided and does not prejudice other legal/statutory obligations.
What the court decided
Fair Competition For Greater Good
COMPETITION COMMISSION OF INDIA
(Combination Registration No. C-2014/10/218)
04.03.2015
Notice u/s 6 (2) of the Competition Act, 2002 given by:
- (a) Strides Arcolab Limited
- (b) Shasun Pharmaceuticals Limited
Order under Section 31(1) of the Competition Act, 2002
- On 28.10.2014, the Competition Commission of India (“ Commission ”) received a notice under sub-section (2) of Section 6 of the Competition Act, 2002 (“ Act ”) given by Strides Arcolab Limited (“ Strides ”) and Shasun Pharmaceuticals Limited (“ Shasun ”) (hereinafter, Shasun and Strides are collectively referred to as the “ Parties ”). The notice was filed with the Commission pursuant to the approval of a Scheme of Amalgamation (“ Scheme ”), under Sections 391-394 and other applicable provisions of the Companies Act, 1956, by the respective board of directors of Strides and Shasun on 29.09.2014.
Issues for consideration
3 issues framed by the court
Whether the proposed amalgamation of Shasun into Strides is likely to cause any appreciable adverse effect on competition in India.
Whether the combination results in horizontal or vertical foreclosure concerns.
Whether the combined entity possesses the ability and incentive to foreclose access to inputs in relevant API markets.
Parties & counsel
- applicant
Strides Arcolab Limited
- applicant
Shasun Pharmaceuticals Limited
Coram
Unknown Author
Case details
As recorded by the court registry
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