Nhpea Minerva Holdings B.V. (“Nhpea”), The Netherlands.
Case brief
What is this about?
The Competition Commission of India considered a notice regarding an acquisition of Compulsory Convertible Preference Shares in NSPIRA by NHPEA. After assessing that the parties operate in different sectors, the Commission approved the combination under Section 31(1) as it was unlikely to adversely affect competition.
What did the court decide?
The proposed combination is approved.
What the court decided
COMPETITION COMMISSION OF INDIA
(Combination Registration No. C-2018/05/574)
11th June, 2018
Notice under Section 6 (2) of the Competition Act, 2002 filed by NHPEA Minerva Holdings B.V.
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: M/s Nishith Desai Associates
Order under Section 31(1) of the Competition Act, 2002
- On 28th May, 2018, the Competition Commission of India (hereinafter referred to as the “ Commission ”) received a notice filed by NHPEA Minerva Holdings B.V. (“ NHPEA ”/ “ Acquirer ”) under sub-section (2) of Section 6 read with sub-section (a) of Section 5 of the Competition Act, 2002 (“ Act ”) pursuant to Share Subscription Agreement (“SSA”) and Share Holders Agreement (“SHA”) , respectively each executed on 24th May, 2018, interalia between
Issues for consideration
2 issues framed by the court
Whether the proposed combination of NHPEA and NSPIRA requires approval under the Competition Act, 2002?
Whether the proposed combination is likely to have an appreciable adverse effect on competition in India?
Parties & counsel
- applicant
NHPEA Minerva Holdings B.V.
Coram
Devender Kumar Sikri
Sudhir Mital
Augustine Peter
Case details
As recorded by the court registry
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