Nbcc India Limited, New Delhi
Case brief
What is this about?
Competition Commission of India, in its appraisal of a combination involving NBCC acquiring 51% shareholding in HSCL, found that the proposed combination is not likely to have any appreciable adverse effect on competition in any potential relevant market in India and approved the same under Section 31(1) of the Act.
What did the court decide?
The Commission hereby approves the Proposed Combination under sub-section (1) of section 31 of the Act, subject to the condition that the order shall stand revoked if the information provided by the A
What the court decided
Fair Competition For Greater Good
COMPETITION COMMISSION OF INDIA (Combination Registration No. C-2017/03/491)
31.03.2017
Notice filed under sub-section (2) of Section 6 of the Competition Act, 2002 given by NBCC (India) Limited
CORAM:
Mr. S. L. Bunker Member Mr. Sudhir Mital Member
Mr. Augustine Peter Member Mr. U. C. Nahta Member
Order under sub-section (1) of Section 31 of the Act
- On 01.03.2017, the Competition Commission of India (“ Commission ”) received a notice under sub-section (2) of Section 6 of the Competition Act, 2002 (“ Act ”) given by NBCC (India) Limited. (“ NBCC ” / “ Acquirer ”) The Acquirer submitted certain information on 06.03.2017 as per the undertaking filed at the time of giving the notice.
- The proposed combination relates to acquisition of 51% shareholding in Hindustan Steel Works Construction Limited (“ HSCL ”) by NBCC (“ Proposed Combination ”). For the purpose of the Proposed Combination, NBCC and HSCL have entered into non-binding term sheet on 23.02.2017, followed by a binding term sheet dated 27.03.2017. In this
Issues for consideration
3 issues framed by the court
Whether the proposed acquisition of 51% shareholding in HSCL by NBCC is likely to cause appreciable adverse effect on competition in any potential relevant market in India.
Whether the conditions of notice under Section 6(2) of the Competition Act, 2002 have been satisfied by the applicant.
How the Combined Entity should continue to advertise the combination given its CPSE status.
Parties & counsel
- applicant
Competition Commission of India
- petitioner
NBCC (India) Limited
Coram
S. L. Bunker
Case details
As recorded by the court registry
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