Notice given by Bradken Operations Pty. Limited
Case brief
What is this about?
The Competition Commission of India, upon consideration of a notice regarding the acquisition of an L&T undertaking by Bradken Operations Pty. Limited, found no horizontal or vertical overlap in the Indian market. The Commission concluded that the combination was not likely to have an appreciable adverse effect on competition.
What did the court decide?
The proposed combination between Bradken Operations Pty. Limited and Larsen & Toubro Limited is approved.
What the court decided
Fair Competition For Greater Good
COMPETITION COMMISSION OF INDIA
(Combination Registration No. C-2014/12/229)
Date: 20.01.2015
Notice under Section 6 (2) of the Competition Act, 2002 given by:
- Bradken Operations Pty. Limited
Order under Section 31(1) of the Competition Act, 2002
- On 10.12.2014, the Competition Commission of India ( “Commission” ) received a notice (“ Notice ”) under sub-section (2) of Section 6 of the Competition Act, 2002 (“ Act ”) given by Bradken Operations Pty. Limited (“ Bradken ” or the “ Acquirer ”). The notice was filed pursuant to the execution of a Business Transfer Agreement between Bradken and Larsen & Toubro Limited (“ L&T ”) on 11.11.2014.
- The proposed combination relates to the acquisition by Bradken of an undertaking of L&T located in Coimbatore which is engaged in the manufacture and sale of grey iron and/or spheroidal graphite iron castings in India (“ Target Undertaking ”). It has been mentioned in the notice that the Target Undertaking primarily caters to the requirements of entities engaged in wind energy industry.
Issues for consideration
2 issues framed by the court
Whether the proposed acquisition by Bradken of an undertaking of Larsen & Toubro is likely to have an appreciable adverse effect on competition in India.
Whether the proposed combination falls under the ambit of Section 5(a) of the Competition Act, 2002.
Case details
As recorded by the court registry
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