Jointly by Konecranes Plc, Finland and Terex Corporation, Usa
Case brief
What is this about?
The Competition Commission of India approved a proposed combination between Konecranes PLC and Terex Corporation in the material handling and port solutions business. The Commission found that the transaction would not cause an appreciable adverse effect on competition ("AAEC") in any relevant market segment due to significant market presence of other competitors.
What did the court decide?
Proposed combination between Konecranes PLC and Terex Corporation in the material handling and port solutions business approved under Section 31(1) of the Competition Act, 2002.
What the court decided
Fair Competition For Greater Good
COMPETITION COMMISSION OF INDIA
(Combination Registration No. C-2016/06/408)
Dated: 18.10.2016
Notice under Section 6(2) of the Competition Act, 2002 jointly given by Konecranes PLC and Terex Corporation
CORAM:
Mr. S. L. Bunker Member
Mr. Augustine Peter Member Mr. U.C. Nahta Member Mr. G. P. Mittal Member
Legal Representatives of the parties: Shardul Amarchand Mangaldas & Co
Order under Section 31(1) of the Competition Act, 2002
- On 15.06.2016, the Competition Commission of India (“ Commission ”) received a notice under sub-section (2) of Section 6 of the Competition Act, 2002 (“ Act ”) jointly given by Konecranes Plc (“ Konecranes ”) and Terex Corporation (“ Terex ”). The notice has been filed pursuant to execution of Stock and Asset Purchase Agreement (“ SAPA ”) dated 16.05.2016 between Konecranes and Terex.
Issues for consideration
3 issues framed by the court
Whether the proposed combination between Konecranes PLC and Terex Corporation in the material handling and port solutions business is likely to cause an appreciable adverse effect on competition ("AAE
Whether the combined market share of the parties in relevant segments like industrial cranes and hoes would raise competition concerns.
Whether vertical relationships arising from the combination would impact competition in the affected markets.
Parties & counsel
- applicant
Konecranes PLC and Terex Corporation
Coram
S. L. Bunker
Augustine Peter
U.C. Nahta
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court