HeidelbergCement Ag
Case brief
What is this about?
The Competition Commission of India approved a combination involving the acquisition of 45% shareholding in Italcementi S.p.A by HeidelbergCement AG. The Commission defined the relevant product market as grey cement and concluded the combination would not cause an appreciable adverse effect on competition, leaving geographic market delineation open.
What did the court decide?
The proposed combination is hereby approved under subsection (1) of section 31 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-2015/08/300)
17.09.2015
Notice u/s 6 (2) of the Competition Act, 2002 given by:
HeidelbergCement AG
Order under Section 31(1) of the Competition Act, 2002
CORAM:
Mr. Ashok Chawla Chairperson
Mr. S.L. Bunker Member
Mr. Augustine Peter Member Mr. U. C. Nahta Member Mr. M. S. Sahoo Member Mr. G.P. Mittal Member
Legal Representative: M/s Khaitan & Co., LLP
Issues for consideration
3 issues framed by the court
Whether the proposed combination between HeidelbergCement AG and Italcementi S.p.A is likely to cause an appreciable adverse effect on competition.
Whether the Parties are required to delineate the exact relevant geographic market given the nature of the combination.
Whether the proposed acquisition of grey cement assets violates provisions of the Competition Act, 2002.
Parties & counsel
- applicant
HeidelbergCement AG
- applicant
Italcementi S.p.A
Coram
Ashok Chawla
Case details
As recorded by the court registry
- Court
- CCI
- Decided on
- · September
- Case no.
- C-2015/08/300
- Topic
- Consumer Protection
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