Emerson Electric Co. (Emerson), Usa
Case brief
What is this about?
The Competition Commission of India approved Emerson Electric Co.'s proposed acquisition of Pentair Plc's valves and controls business, finding no appreciable adverse effect on competition based on market shares and the presence of significant competitors.
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-2016/09/434)
29th December, 2016
Notice under sub-section (2) of Section 6 of the Competition Act, 2002 filed by Emerson Electric Co.
CORAM:
Mr. Devender Kumar Sikri Chairperson Mr. S. L. Bunker Member Mr. Sudhir Mital Member Mr. U. C. Nahta Member
Legal Representative: Shradul Amarchand Mangaldas & Co.
Order under sub-section (1) of Section 31 of the Act
- On 19th September 2016, the Competition Commission of India (“ Commission ”) received a notice under sub-section (2) of Section 6 of the Competition Act, 2002 (“ Act ”) filed by Emerson Electric Co. (“ Emerson ” or “ Acquirer ”). The notice was filed pursuant to a Share Purchase Agreement (“ SPA ”) executed between Emerson and Pentair Plc (“ Pentair ” or “ Seller ”) on 18th August, 2016. (Hereinafter, the Acquirer and the Target are together referred to as “ Parties ”).
Issues for consideration
2 issues framed by the court
Whether the proposed acquisition of Pentair's valves business by Emerson would have an appreciable adverse effect on competition in India.
Whether the relevant product market in India could be defined clearly given the presence of competitors and market share data.
Parties & counsel
- applicant
Emerson Electric Co.
- respondent
Commission
Coram
Devender Kumar Sikri
Case details
As recorded by the court registry
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