Indianet Bidco Pte. Limited
Case brief
What is this about?
The Competition Commission of India approved a proposed combination where Indianet Bidco Pte. Limited would acquire shares in Serco BPO subsidiaries. The Commission found no direct horizontal overlap and insignificant market share, concluding the deal would not adversely affect competition.
What did the court decide?
The proposed combination is approved under Section 31(1) of the Act with a proviso that the order stands revoked if provided information is found incorrect.
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-2015/10/320)
30th November 2015
Notice under sub-section (2) of Section 6 of the Competition Act, 2002 filed by Indianet Bidco Pte. 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: Platinum Partners
Order under sub-section (1) of Section 31 of the Competition Act, 2002
- On 8th October 2015, the Competition Commission of India (“ Commission ”) received a notice under sub-section (2) of Section 6 of the Competition Act, 2002 (“ Act ”) filed by Indianet Bidco Pte. Limited (“ Indianet ” or “ Acquirer ”), pursuant to the execution of Share Purchase Agreement between Serco Nederland B.V. (“ Serco Nederland ”), Serco International S.a.r.l (“ Serco International ”), Serco holdings Limited (“ SHL ”), Serco Group PLC and the Acquirer on 16th September 2015 (‘ SPA ’).
Issues for consideration
3 issues framed by the court
Whether the proposed acquisition of Serco BPO subsidiaries by Indianet Bidco Pte. Limited is likely to have an appreciable adverse effect on competition.
How to assess horizontal and vertical overlaps involving a newly incorporated entity and Portfolio Companies of a private equity group.
Whether the proposed combination requires approval under Section 31 of the Competition Act, 2002.
Parties & counsel
- applicant
Indianet Bidco Pte. Limited
Coram
Ashok Chawla
S. L. Bunker
Sudhir Mital
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court