Avago Technologies Limited
Case brief
What is this about?
The Competition Commission imposed a penalty on Avago Technologies Limited for failing to file a combination notice within the statutory thirty-day period. The Commission rejected Avago's claim that the transaction was exempt due to low intra-group turnover in India.
What did the court decide?
Imposition of a monetary penalty of INR 10,00,000/- on the applicant for failure to file a combination notice.
What the court decided
Fair Competition For Greater Good
COMPETITION COMMISSION OF INDIA (Combination Registration No. C-2015/09/312)
7th June, 2017
Order under Section 43A of the Competition Act, 2002 against Avago Technologies Limited in relation to Combination Registration No. C-2015/09/312
- On 28th September, 2015, the Competition Commission of India (“ Commission ”) received a notice given by Avago Technologies Limited (“ Avago ”), pursuant to an enquiry initiated under sub-section (1) of Section 20 of the Competition Act, 2002 (“ Act ”), for acquisition of Broadcom Corporation (“ Broadcom ”) by Avago. For the purpose of the acquisition an Agreement and Plan of Merger was executed, inter alia , between Avago and Broadcom on 28th May, 2015 ( “Agreement” ). (Hereinafter, Avago and Broadcom are collectively referred to as the “ Parties ”).
Background
- The Commission, based on media reports, initiated an inquiry under sub-section (1) of Section 20 of the Act in the above said acquisition and vide letter dated 12th August, 2015, directed Avago to provide data / information on the asset and turnover of the Parties. Pending Commission’s inquiry under sub-section (1) of Section 20 of the Act, Avago filed a notice of combination on 28th September, 2015 along with its response to the Commission’s letter dated 12th August, 2015.
Issues for consideration
3 issues framed by the court
Whether the transaction qualified for De Minimis Exemption under the Competition Act, 2002.
Whether failure to file a notice within thirty days attracted penalty under Section 43A of the Act.
Whether intra-group turnover should be excluded from the calculation of total turnover for jurisdictional thresholds.
Parties & counsel
- applicant
Avago Technologies Limited
Coram
Competition Commission of India
Case details
As recorded by the court registry
All orders in this case
2 orders share this CNR
- Order 1
- Order 2 — this page
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