Notice given by Capgemini S.A.
Case brief
What is this about?
The Competition Commission of India approved the combination (merger) between Capgemini S.A. and iGate Corporation. The Commission found that the combined market share was insignificant (below 3%) and the overall industry was fragmented, concluding there would be no appreciable adverse effect on competition.
What did the court decide?
Approval of the proposed combination under Section 31(1) of the Act
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-2015/05/274)
19.06.2015
Notice u/s 6 (2) of the Competition Act, 2002 (‘Act’) given by:
- Capgemini S.A.
Order under Section 31(1) of the Competition Act, 2002 (‘Act’)
- On 18.05.2015, the Competition Commission of India ( “Commission” ) received a notice under sub-section (2) of Section 6 of the Act given by Capgemini S.A. (“ Capgemini ”/” Acquirer ”), pursuant to an Agreement and Plan of Merger (“ Agreement ”), entered into between Capgemini S.A., Capgemini North America Inc., Merger Sub Inc. (“Merger Sub” ) and iGate Corporation (“iGate”/”Target” ) on 25th April 2015.
- The Proposed combination relates to the acquisition of iGate by Capgemini as a result of which iGate would become a wholly owned subsidiary of Capgemini through the merger of a newly formed special purpose vehicle (i.e. Merger Sub) and iGate.
Issues for consideration
2 issues framed by the court
Whether the proposed merger combination between Capgemini S.A. and iGate Corporation would result in an appreciable adverse effect on competition in India.
Whether the relevant market for IT and IT enabled services should be defined to assess the competitive impact of the merger.
Parties & counsel
- applicant
Capgemini S.A.
- respondent
iGate Corporation
Case details
As recorded by the court registry
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