Competition Commission of India approved a combination where Bharti Airtel acquired spectrum rights from Aircel entities. The Commission held the acquisition did not likely cause appreciable adverse effect on competition in any affected telecom markets.
Commission approves the combination under sub-section (1) of Section 31 of the Act.
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-2017/05/510)
Fair Competition For Greater Good
21.06.2017
Notice jointly given by Bharti Airtel Limited and Bharti Hexacom Limited pursuant to an inquiry under sub-section (1) of Section 20 of the Competition Act, 2002 (“Act”)
CORAM:
Mr. Devender Kumar Sikri Chairperson Mr. S. L. Bunker Member
Mr. Sudhir Mital Member
Mr. Augustine Peter Member Mr. U. C. Nahta Member Mr. G. P. Mittal Member
Legal representative of the parties: M/s Seth Dua and Associates
Order under Section 31(1) of the Competition Act, 2002
Page 1 of 4
COMPETITION COMMISSION OF INDIA
(Combination Registration No.C-2017/05/510)
Fair Competition For Greater Good
namely, Andhra Pradesh, Assam, Bihar, Jammu and Kashmir, North East, Tamil Nadu, Odisha and West Bengal from Aircel Limited (“ Aircel ”), Aircel Cellular Limited (“ Aircel Cellular ”) and Dishnet Wireless Limited (“ Dishnet ”) (collectively “ Aircel Group ”) (“ Combination ”) (hereinafter Bharti Group and Aircel Group are collectively referred to as the “ Parties ”).
Page 2 of 4
COMPETITION COMMISSION OF INDIA
(Combination Registration No.C-2017/05/510)
Fair Competition For Greater Good
Communication No.: L-14006//05/2015-NTG dated 12.10.2015 (“ Spectrum Trading Guidelines ”). The Combination has been effectuated in accordance with the Spectrum Trading Guidelines.
Page 3 of 4
COMPETITION COMMISSION OF INDIA
Fair Competition For Greater Good
(Combination Registration No.C-2017/05/510)
Page 4 of 4
3 issues framed by the court
Whether the proposed acquisition of spectrum rights by Bharti Airtel from Aircel entities is likely to have an appreciable adverse effect on competition.
Whether the post-acquisition spectrum holdings comply with the factors under sub-section (4) of Section 20 of the Competition Act, 2002.
Whether the combination should be approved under sub-section (1) of Section 31 of the Act.
5 provisions across 2 enactments
Bharti Airtel Limited
Bharti Hexacom Limited
Aircel Limited
Aircel Cellular Limited
Dishnet Wireless Limited
Devender Kumar Sikri
S. L. Bunker
Sudhir Mital
Augustine Peter
U. C. Nahta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
