Brenntag (Holding) Bv, the Netherlands
Case brief
What is this about?
Competition Commission of India approved a proposed acquisition by Brenntag (Holding) BV of 100 percent equity in Raj Petro Specialties Private Limited. The Commission found overlapping activities in industrial lubricants but concluded the combination would not cause appreciable adverse effect on competition due to low combined market shares.
What did the court decide?
Approval of the proposed combination under sub-section (1) of Section 31 of the Competition Act, 2002.
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-2018/01/546]
14th March, 2018
Notice under Section 6 (2) of the Competition Act filed by Brenntag (Holding) BV
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: J. Sagar Associates
Order under Section 31(1) of the Competition Act, 2002
On 11th January, 2018, the Competition Commission of India (hereinafter referred to as the “ Commission ”) received a notice filed by Brenntag (Holding) BV ( “Brenntag” / “Acquirer”) , pursuant to Share Sale and Share Purchase Agreement (“SSPA”) and Shareholders Agreement (“SHA”) executed between Brenntag, Raj Petro Specialties Private Limited (“Raj” / “Target”) and others on 18th December, 2017 (hereinafter, Brenntag and Raj are collectively referred to as “Parties” ).
Issues for consideration
3 issues framed by the court
Whether the proposed acquisition of 100 percent equity share capital of Raj Petro Specialties Private Limited by Brenntag (Holding) BV is likely to have appreciable adverse effect on competition.
Whether the combined market share of the parties in synthetic compressor oil for refrigeration systems and white oil warrants a review of the combination.
Whether the Commission approving the combination under Section 31(1) of the Competition Act, 2002 is legally correct based on the assessment of market overlaps.
Parties & counsel
- applicant
Brenntag (Holding) BV
Coram
Mr. Devender Kumar Sikri
Mr. Sudhir Mital
Mr. Augustine Peter
Case details
As recorded by the court registry
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