Ca Swift Investments, Mauritius
Case brief
What is this about?
The Competition Commission of India approved a proposed combination involving CA Swift Investments acquiring shares in Delhivery Private Limited. The Commission observed no horizontal or vertical overlap and no likelihood of appreciable adverse effect on competition.
What did the court decide?
Approval of the proposed combination under Section 31(1) of the Competition Act, 2002.
What the court decided
COMPETITION COMMISSION OF INDIA
(Combination Registration No. C-2019/01/634)
21st February 2019
Notice under Section 6 (2) of the Competition Act, 2002 given by CA Swift Investments
CORAM:
Mr. Ashok Kumar Gupta Chairperson Mr. U. C. Nahta Member Ms. Sangeeta Verma Member
Order under Section 31(1) of the Competition Act, 2002
- On 17th January, 2019, the Competition Commission of India ( Commission ) received a notice under Section 6(2) of the Competition Act, 2002 ( Act ), given by CA Swift Investments ( CA/Acquirer ).
- The notice has been given pursuant to the execution of the Share Subscription Agreement ( SSA ) between Delhivery Private Limited ( Delhivery/Target ), Acquirer and others on 20th December, 2018. On the same date, the Acquirer, Target and certain others have also entered into a Shareholders Agreement ( SHA ).
Issues for consideration
2 issues framed by the court
Whether the proposed acquisition of Carlyle Series F Preference Shares by CA Swift Investments would have an appreciable adverse effect on competition in India.
Whether the Commission needed to delineate the relevant market given the lack of overlap between the parties.
Parties & counsel
- petitioner
Competition Commission of India
- respondent
CA Swift Investments
- respondent
Delhivery Private Limited
Coram
Case details
As recorded by the court registry
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