Bs Limited
Case brief
What is this about?
The Competition Commission of India approved the proposed slump sale acquisition of the tower business of Agrawal Steel Structures by BS Limited. The Commission found that the post-combination market share would be under 15% and that competitive constraints from other market players ensured no appreciable adverse effect on competition.
What did the court decide?
The proposed combination is 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.
Fair Competition For Greater Good
COMPETITION COMMISSION OF INDIA
(Combination Registration No. C-2015/09/311)
3rd December 2015
Notice under sub-section (2) of Section 6 of the Competition Act, 2002 filed by BS Limited
CORAM:
Mr. Ashok Chawla Chairperson
Mr. S. L. Bunker Member
Mr. Sudhir Mital Member
Mr. Augustine Peter Member
Mr. U. C. Nahta Member Mr. M. S. Sahoo Member Mr. G. P. Mittal Member
Legal Representative of the parties: Trilegal
Issues for consideration
3 issues framed by the court
Whether the proposed acquisition of the tower business by BS Limited would have an appreciable adverse effect on competition in India.
Whether the Commission needs to examine the market share of the acquirer and competitive constraints before approving the combination.
Whether the proposed combination, involving assets acquired from a previous transaction with Sujana Towers Limited, was acceptable under the Act.
Parties & counsel
- applicant
BS Limited
- respondent
Agrawal Steel Structures (India) Private Limited
Coram
Ashok Chawla
Case details
As recorded by the court registry
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