Jointly by Petrol Complex Pte. Ltd, Singapore and Kesani Enterprises Co. Ltd, Cyprus
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-2016/10/448)
Fair Competition For Greater Good
30.11.2016
Notice u/s 6 (2) of the Competition Act, 2002 jointly given by Petrol Complex Pte Ltd. and Kesani Enterprises Co Ltd.
CORAM:
Mr. S.L. Bunker Member Mr. Sudhir Mital Member
Mr. Augustine Peter Member Mr. U.C. Nahta Member Mr. G. P. Mittal Member
Legal Representatives of the parties: For Petrol Complex Pte Ltd: M/s Vinod Dhall- TT&A.;
For Kesani Enterprises Co Ltd.: M/s J Sagar Associates
Order under Section 31(1) of the Competition Act, 2002
- On 18.10.2016, the Competition Commission of India (hereinafter referred to as the “Commission” ) received a notice under sub-section (2) of Section 6 of the Competition Act, 2002 ( “Act” ) jointly given by Petrol Complex Pte Ltd. (“ Rosneft SPV ”); and Kesani Enterprises Co Ltd. (“ JVCo ”).
Issues for consideration
3 issues framed by the court
Whether the proposed combination of acquisition of shareholdings in Essar Oil Limited would cause an appreciable adverse effect on competition in India under the Competition Act, 2002?
If no appreciable adverse effect on competition is likely, whether the proposed combination can be approved under Section 31(1) of the Competition Act, 2002?
Whether the exclusion of exploration and production business from the scope of the combination eliminates competition concerns in that specific product segment?
Parties & counsel
- applicant
Petrol Complex Pte Ltd
- applicant
Kesani Enterprises Co Ltd
Coram
S.L. Bunker
Case details
As recorded by the court registry
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