Mcpi Holdings Limited (“Mcpi”), Mauritius.
Case brief
What is this about?
The Competition Commission of India considered a notice filed by MCPI Holdings Ltd. regarding the acquisition of shares in Mitsubishi Chemical Corporation PTA India Corp. Private Limited. The Commission assessed the relevant market, vertical and horizontal relationships, and market shares. It concluded the combination was not likely to prejudice competition and approved it under Section 31 of the
What did the court decide?
The proposed combination is approved under sub-section (1) of Section 31 of the Act.
What the court decided
Fair Competition For Greater Good
COMPETITION COMMISSION OF INDIA (Combination Registration No. C-2016/08/423)
26th October, 2016
Notice filed under sub-section (2) of Section 6 of the Competition Act, 2002 bearing Registration no. C-2016/08/423, by MCPI Holdings Ltd.
CORAM:
Mr. Devender Kumar Sikri Chairperson
Mr. S. L. Bunker Member Mr. Sudhir Mital Member Mr. U. C. Nahta Member Mr. G. P. Mittal Member
Legal Representative: Nishith Desai Associates
Order under sub-section (1) of Section 31 of the Act
- On 23rd August, 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 MCPI Holdings Limited (“MCPI” or “Acquirer”) . The notice has been filed pursuant to a Share Purchase Agreement ( “SPA” ) executed on 27th July, 2016 amongst Mitsubishi Chemical Corporation ( “MCC” ), Chatterjee Management Company ( “CMC” ) (on behalf of MCPI1 ) and
Issues for consideration
2 issues framed by the court
Whether the proposed combination of acquisition of shares entails an appreciable adverse effect on competition in India.
Whether the Commission can approve the combination subject to a condition of revocation if information is found incorrect.
Parties & counsel
- applicant
MCPI Holdings Ltd.
Coram
Mr. Devender Kumar Sikri
Mr. S. L. Bunker
Mr. Sudhir Mital
Case details
As recorded by the court registry
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