Future Retail Limited, New Delhi
Case brief
What is this about?
The Competition Commission of India approved the acquisition of 100 per cent share capital of Hypercity Retail (India) Ltd. by Future Retail Limited. The Commission found that despite overlapping presence, the merger would not harm competition due to ample consumer choice from unorganised players and online retailers.
What did the court decide?
The proposed combination of future retail limited and hypercity retail india ltd is approved under section 31 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.
Fair Competition For Greater Good
COMPETITION COMMISSION OF INDIA (Combination Registration No. C-2017/10/529)
16th November, 2017
Notice under Section 6 (2) of the Competition Act, 2002 filed by Future Retail Limited.
CORAM:
Mr.Devender Kumar Sikri Chairperson
Mr. S.L. Bunker Member
Mr. Sudhir Mital Member
Mr. Augustine Peter Member Mr. U.C. Nahta Member
Legal Representative: AZB & Partners
Order under Section 31(1) of the Competition Act, 2002
- On 13th October, 2017, Future Retail Limited (‘ FRL ’/ ‘ Acquirer ’) filed a notice under sub-section (2) of Section 6 of the Competition Act, 2002 pursuant to the execution of Share Purchase Agreement (‘ SPA ’) entered into and between FRL, Hypercity Retail (India) Ltd. (‘HRIL’) and shareholders of HRIL (‘ Sellers ’) on 8th October, 2017 (‘Hereinafter FRL and HRIL are together referred to as ‘ Parties ’ ) .
Issues for consideration
2 issues framed by the court
Whether the proposed combination between Future Retail Limited and Hypercity Retail (India) Ltd. is likely to have an appreciable adverse effect on competition in India.
Whether the relevant market definition covers organised and unorganised retail sectors across multiple cities.
Parties & counsel
- applicant
Future Retail Limited
- applicant
Hypercity Retail (India) Ltd.
Coram
Devender Kumar Sikri
Case details
As recorded by the court registry
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