Black River Food 2 Pte. Ltd., Singapore
Case brief
What is this about?
The Competition Commission of India approved a proposed combination between Black River Food 2 Pte. Ltd. and Future Consumer Enterprise Limited. The order addressed non-compete covenants deemed unreasonable and directed their removal, which the parties executed before final approval was granted.
What did the court decide?
The proposed combination was approved under Section 31(1) of the Competition Act, 2002, subject to the modification deleting the non-compete clause in the Letter Agreement.
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
(Combination Registration No. C-2016/01/371)
Fair Competition For Greater Good
13th May 2016
Notice under Section 6 (2) of the Competition Act, 2002 given by:
Black River Food 2 Pte. Ltd.
Order under Section 31(1) of the Competition Act, 2002
CORAM:
Mr. Devender Kumar Sikri Chairperson
Mr. S. L. Bunker Member
Mr. Sudhir Mital Member
Mr. Augustine Peter Member Mr. U. C. Nahta Member
Issues for consideration
2 issues framed by the court
Whether a proposed combination involving non-compete covenants is likely to give rise to competition concern despite lack of product overlap.
Whether unreasonable non-compete covenants in a combination agreement can be modified to satisfy competition regulations.
Parties & counsel
- applicant
Black River Food 2 Pte. Ltd.
- respondent
Future Consumer Enterprise Limited
Coram
Devender Kumar Sikri
Case details
As recorded by the court registry
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