Atos S.E., France
Case brief
What is this about?
Competition Commission of India approved the acquisition of Syntel Inc. by Atos S.E. under Section 31(1) of the Competition Act, 2002. While also diluting the non-compete covenant found excessive. The Commission determined the combination would not cause appreciable adverse effect on competition in India.
What did the court decide?
Approval of the proposed combination under Section 31(1) of the Act and direct that the non-compete covenant is ancillary to the combination.
What the court decided
Fair Competition For Greater Good
COMPETITION COMMISSION OF INDIA
(Combination Registration No.C-2018/08/592)
th September 2018
Notice under Section 6 (2) of the Competition Act, 2002 given by
Atos S.E.
CORAM
Sudhir Mital Chairperson Augustine Peter Member U. C. Nahta Member
Legal Representatives of the parties: Trilegal
Order under sub-section (1) of Section 31 of the Competition Act, 2002
- On 3rd August 2018, the Competition Commission of India (“ Commission ”) received a notice given by Atos S.E. (“ Atos ” or “ Acquirer ”) under Section 6(2) of the Competition Act, 2002 (“ Act ”) for acquisition of all outstanding shares of Syntel Inc. (“ Syntel ”). The notice was given pursuant to execution of „Agreement and Plan of Merger‟ entered into between Atos, Syntel and Green Merger Sub Inc. (“ Green Inc. ”) on 20th July 2018.
Issues for consideration
3 issues framed by the court
Whether the proposed combination between Atos S.E. and Syntel Inc. is likely to cause appreciable adverse effect on competition in India.
Whether the non-compete covenant in the agreement is ancillary to the proposed combination.
How the provisions of the Competition Act, 2002 apply to the acquisition of Syntel Inc. by Atos S.E.
Parties & counsel
- respondent
Competition Commission of India
- applicant
Atos S.E.
- other
Syntel Inc.
Coram
Case details
As recorded by the court registry
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