Bsa International, Belgium
Case brief
What is this about?
The Competition Commission of India issued an order under Section 31(1) of the Competition Act, 2002 following receipt of a notice under Section 6(2) from B.S.A. International SA regarding a slump sale agreement with Anik Industries Limited for the dairy business.
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-2016/04/386)
Fair Competition For Greater Good
23.06.2016
Notice under Section 6 (2) of the Competition Act, 2002 given by B.S.A. International SA
CORAM:
Mr. S. L. Bunker Member
Mr. Sudhir Mital Member Mr. U.C. Nahta Member Mr. G. P. Mittal Member
Legal representative: Cyril Amarchand Mangaldas
Order under Section 31(1) of the Competition Act, 2002
- On 05.04.2016, the Competition Commission of India (“ Commission ”) received a notice under sub-section (2) of Section 6 of the Competition Act, 2002 (“ Act ”) filed B.S.A. International SA (“ Acquirer ”). The notice was filed pursuant to the execution of a Slump Sale Agreement (“ SSA ”) on 07.03.2016 amongst the Acquirer and Anik Industries Limited (“ Anik ” or “ Seller ”) (the Acquirer and the Seller are hereinafter collectively referred to as the “ Parties ”).
Issues for consideration
1 issue framed by the court
Whether a notice under Section 6(2) of the Competition Act, 2002 requires an order under Section 31(1) in a shortfall communication context.
Parties & counsel
- petitioner
B.S.A. International SA
- respondent
Anik Industries Limited
Coram
S. L. Bunker
Case details
As recorded by the court registry
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