Itc Limited, Kolkata, West Bengal, India
Case brief
What is this about?
The Competition Commission of India held that acquiring trademarks constitutes acquiring assets, triggering mandatory notification under Section 6. The Commission rejected claims for retrospective benefit of a new De Minimis Notification and imposed a penalty for late filing and premature consummation without AAEC findings.
What did the court decide?
imposed a penalty of Rs. 5,00,000/- on the Acquirer for contravening Sections 6(2) and 6(2A) of the Act.
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-2017/02/485)
11.12.2017
Notice given by ITC Limited, pursuant to directions issued under Section 20 (1) of the Competition Act, 2002
CORAM:
Mr. Devender Kumar Sikri
Chairperson
Mr. S. L. Bunker Member Mr. Sudhir Mital Member Mr. Augustine Peter Member Mr. U. C. Nahta Member
Justice G. P. Mittal
Member
Appearances during oral hearing on 27.07.2017:
For ITC Limited Mr. Amit Sibal, Senior Advocate Mr. G. R. Bhatia, Advocate Mr. Abdullah Hussain, Advocate Ms. Kanika Nayar, Advocate Ms. Nidhi Singh, Advocate Ms. Prerna Parashar, Advocate Mr. Tahir Siddiqui, Advocate Mr. Rohan Alva, Advocate Mr. Aditya Gupta, Advocate Mr. Sarawswan Mukherjee, Senior Legal Manager Mr. Anubhab Dasgupta, Associate Legal Manager
Issues for consideration
3 issues framed by the court
Whether the acquisition of trademarks constitutes an 'acquisition of assets' of an enterprise attracting mandatory notification under the Competition Act.
Whether the acquirer availed the benefit of the retrospective application of the new De Minimis Notification for a transaction predating the notification.
Whether penalty under Section 43A is maintainable when a combination does not raise an appreciable adverse effect on competition.
Parties & counsel
- applicant
ITC Limited
Coram
Devender Kumar Sikri
S. L. Bunker
Sudhir Mital
Case details
As recorded by the court registry
All orders in this case
2 orders share this CNR
- Order 1 — this page
- Order 2
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