Notice given by UltraTech Cement Limited
Case brief
What is this about?
The Competition Commission approved a combination where Ultratech Cement acquired assets from Jaiprakash Associates involving two cement plants in Madhya Pradesh, finding no likely appreciable adverse effect on competition.
What did the court decide?
The proposed combination was approved under Section 31(1) of the Competition Act, 2002.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
COMPETITION COMMISSION OF INDIA
Fair Competition For Greater Good
(Combination Registration No. C-2015/02/246)
10.04.2015
Notice u/s 6 (2) of the Competition Act, 2002 given by:
UltraTech Cement Limited
Order under Section 31(1) of the Competition Act, 2002
- On 17.02.2015, 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 UltraTech Cement Limited (“ Ultratech ” or “ Acquirer ”) pursuant to execution of an Implementation Agreement (“ IA ”), between Ultratech and Jaiprakash Associates Limited (“ JAL ”), on 23.01.2015. (Hereinafter Ultratech and JAL are referred to as the “ Parties ”).
- The proposed combination relates to transfer of business, assets and operations of two cement plants (including captive power plants), located at Bela and Sidhi in Madhya Pradesh (“ Target Assets ”), owned by JAL to Ultratech, on a going concern and on a slump exchange basis, through a scheme of arrangement under Section 391 to Section 394 of the Companies Act, 1956. As per the information provided in the notice and other details available on record, both the Bela and the Sidhi plants are integrated units with grinding capacities of 2.6 million tonnes per annum (“ MTPA ”) and 2.3 MTPA respectively.
Issues for consideration
3 issues framed by the court
Whether the proposed combination between Ultratech and JAL relating to two cement plants is likely to cause any appreciable adverse effect on competition.
Defining the relevant product and geographic market for the proposed combination.
Whether to approve the proposed combination under Section 31 of the Competition Act, 2002.
Parties & counsel
- other
Competition Commission of India
- other
UltraTech Cement Limited
- other
Jaiprakash Associates Limited
Case details
As recorded by the court registry
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