Dalmia Bharat Limited
Case brief
What is this about?
The Competition Commission of India considered a notice under Section 6(2) regarding the acquisition of 15 percent shares in Dalmia Cement (Bharat) Limited by Dalmia Bharat Limited. The Commission approved the combination, finding it unlikely to cause an appreciable adverse effect on competition.
What did the court decide?
Approval of the proposed combination as per 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-2016/01/367)
01.03.2016
Notice u/s 6 (2) of the Competition Act, 2002 given by Dalmia Bharat Limited
CORAM:
Mr. Devender Kumar Sikri Chairperson Mr. S. L. Bunker Member Mr. Sudhir Mital Member Mr. Augustine Peter Member Mr. U. C. Nahta Member Mr. M. S. Sahoo Member
Legal representative of the parties: M/s Khaitan & Co., LLP
Order under Section 31(1) of the Competition Act, 2002
- On 18.01.2016, the Competition Commission of India (“ Commission ”) received a notice under sub-section (2) of Section 6 of the Competition Act, 2002 (“ Act ”), given by Dalmia Bharat Limited (“ DBL ”/ “ Acquirer ”).
- The notice was given pursuant to the execution of a Share Purchase and Subscription Agreement dated 15.01.2016 (“ SSPA ”) executed between KKR Mauritius Cement Investments Limited (“ KKR Cement ”), DBL and Dalmia Cement (Bharat) Limited (“ DCBL ”).
Issues for consideration
2 issues framed by the court
Whether the proposed combination of Dalmia Bharat Limited acquiring 15 percent shares in DCBL held by KKR Cement requires approval.
Whether the proposed combination is likely to have an appreciable adverse effect on competition in India under Section 20(4) of the Act.
Parties & counsel
- applicant
Dalmia Bharat Limited
- applicant
DCBL
- applicant
KKR Mauritius Cement Investments Limited
Coram
Case details
As recorded by the court registry
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