Hp Inc., Usa
Case brief
What is this about?
The Competition Commission of India examined HP Inc.'s proposed acquisition of Samsung's printer business. After analyzing market shares, product segments, and non-compete clauses, the Commission found no appreciable adverse effect on competition and approved the combination subject to reducing the non-compete duration.
What did the court decide?
The proposed combination was approved under Section 31 of the Act with a direction to reduce the non-compete clause duration to three years.
What the court decided
Fair Competition For Greater Good
COMPETITION COMMISSION OF INDIA (Combination Registration No. – C-2016/10/444)
27th April, 2017
Notice under sub-section (2) of Section 6 of the Competition Act, 2002 given by HP Inc.
CORAM:
Mr. Devender Kumar Sikri Chairperson
Mr. Sudhir Mital Member Mr. Augustine Peter Member Mr. U.C. Nahta Member Mr. G. P. Mittal Member
Legal representative: Shardul Amarchand Mangaldas & Co
Order under sub-section (1) of Section 31 of the Competition Act, 2002
- On 13th October, 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 HP Inc. (“ HP ” or “ Acquirer ”). The notice has been filed pursuant to execution of Master Purchase Agreement (“ MPA ”) between HP and Samsung Electronics Co. Ltd ( “ Samsung ”) on 12th September, 2016 for acquisition by HP of global printer business of Samsung (“ Target Business ”) (collectively, HP and Samsung are referred to as the “ Parties ”). The Acquirer submitted certain documents on 4th November, 2016 as per the undertaking filed at the time of giving the notice.
Issues for consideration
2 issues framed by the court
Whether the proposed acquisition by HP of Samsung's global printer business would have an appreciable adverse effect on competition in India.
Whether the non-compete obligations imposed on Samsung in the Master Purchase Agreement required modification to ensure fair competition.
Parties & counsel
- petitioner
Competion Commission of India
Coram
Mr. Devender Kumar Sikri
Mr. Sudhir Mital
Mr. Augustine Peter
Case details
As recorded by the court registry
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