American & Efird Golbal, Llc (a&E
Case brief
What is this about?
The Competition Commission of India considered a notice under Section 6 of the Competition Act, 2002 regarding the acquisition of Vardhman Yarns and Threads Limited. The Commission assessed market shares and vertical arrangements, concluding the combination would not appreciably affect competition and approved it under Section 31.
What did the court decide?
The Commission approved the proposed combination as it was not likely to have an appreciable adverse effect on competition.
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-2016/05/397)
23rd June, 2016
Notice under Section 6 (2) of the Competition Act, 2002 given by American & Efird Global, LLC
CORAM:
Mr. S.L. Bunker Member
Mr. Sudhir Mital Member Mr. U.C. Nahta Member
Mr. G.P. Mittal Member
Legal Representative: M/s JSA Advocates & Solicitors
Order under Section 31(1) of the Competition Act, 2002
- On 10th May 2016, the Competition Commission of India (hereinafter referred to as the “ Commission ”) received a notice filed by American & Efird Global, LLC (“ A&E ”/ “ Acquirer ”) under sub-section (2) of Section 6 of the Competition Act, 2002 (“ Act ”). The notice was filed pursuant to the execution of Share Sale and Purchase Agreement and the Amended and Restated Shareholders’ Agreement executed among A&E, Vardhman Yarns and Threads Limited (“ VYTL ”) and Vardhman Textiles Limited (“ VTXL ”), each dated 9th May, 2016.
Issues for consideration
2 issues framed by the court
Whether the proposed acquisition of Vardhman Yarns and Threads Limited by American & Efird Global, LLC, including asset transfers, is likely to have an appreciable adverse effect on competition in Ind
Whether the attribution of assets and turnover of Vardhman Textiles Limited to Vardhman Yarns and Threads Limited affects the assessment of market dominance.
Parties & counsel
- applicant
American & Efird Global, LLC
Coram
Mr. S.L. Bunker
Mr. Sudhir Mital
Mr. U.C. Nahta
Case details
As recorded by the court registry
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