Rajputana Properties Private Limited (Rppl), Rajasthan, India
Case brief
What is this about?
The Competition Commission of India considered a notice regarding the proposed combination between Dalmia Cement (Bharat) Limited and Binani Cement Limited. The Commission found that post-acquisition, the combined market share in grey cement would be low (0-5% in Maharashtra) with no geographic or vertical overlap. Consequently, the Commission concluded that the combination would not have an appre
What did the court decide?
The proposed combination under Section 6(2) of the Competition Act, 2002 was deemed not likely to cause an appreciable adverse effect on competition.
What the court decided
COMPETITION COMMISSION OF INDIA (Combination Registration No. C-2018/02/557)
Fair Competition For Greater Good
7th March, 2018
Notice under Section 6 (2) of the Competition Act, 2002 given by Rajputana Properties Private Limited
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 representatives: Shardul Amarchand Mangaldas
Order under sub-section (1) of Section 31 of the Competition Act, 2002
- On 16th February, 2018, the Competition Commission of India (“ Commission ”) received a notice under sub-section (2) of Section 6 of the Competition Act, 2002 (“ Act ”) given by Rajputana Properties Private Limited (“ RPPL ” or “ Acquirer ”), a wholly owned subsidiary of Dalmia Cement (Bharat) Limited (“ Dalmia ”). The proposed combination was notified, pursuant to Resolution Application dated 12th
Issues for consideration
3 issues framed by the court
Whether the proposed combination between Dalmia Cement (Bharat) Limited and Binani Cement Limited is likely to cause an appreciable adverse effect on competition in India.
Whether the proposed combination involves horizontal or vertical overlap between the parties.
Whether the acquisition of equity shares by Rajputana Properties Private Limited in Binani Cement Limited satisfies the requirements under the Competition Act, 2002.
Parties & counsel
- applicant
Rajputana Properties Private Limited
- other
Dalmia Cement (Bharat) Limited
- other
Binani Cement Limited
Coram
Case details
As recorded by the court registry
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