Procter & Gamble Overseas India B.v., the Netherlands
Case brief
What is this about?
The Competition Commission of India examined a proposed combination where Procter & Gamble acquired Merck's global consumer health business and a stake in Merck India. The Commission found horizontal overlap in pain and cold preparations but determined the combination was not likely to have an appreciable adverse effect on competition.
What did the court decide?
The proposed combination is approved under Section 31(1) of the Competition Act, 2002.
What the court decided
Fair Competition For Greater Good
COMPETITION COMMISSION OF INDIA
(Combination Registration No. C-2018/06/579)
Dated: 24th July, 2018
Notice under Section 6 (2) of the Competition Act, 2002 given by Procter and Gamble Overseas India B.V.
CORAM:
Mr. Sudhir Mital Chairperson
Mr. U. C. Nahta Member
Mr. Justice G. P. Mittal Member
Legal Representatives of the parties: Cyril Amarchand Mangaldas
Order under Section 31 (1) of the Competition Act, 2002
- On 26th June, 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 Procter and Gamble Overseas India B.V. ( Acquirer ).
Issues for consideration
2 issues framed by the court
Whether the proposed combination between Procter & Gamble and Merck for the acquisition of chemicals and consumer health businesses is likely to have an appreciable adverse effect on competition in In
Whether the relevant market should be defined based on molecular composition or therapeutic use for the overlapping cold preparation products in the pain and cold segment.
Parties & counsel
- applicant
Procter and Gamble Overseas India B.V.
Coram
Sudhir Mital
U. C. Nahta
G. P. Mittal
Case details
As recorded by the court registry
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