Indorama Netherlands B.v., the Netherlands
Case brief
What is this about?
Competition Commission of India approved a notified combination involving Indorama Netherlands B.V. acquiring equity shares in Indo Rama Synthetics (India) Limited, concluding it would not adversely affect competition in the Indian market due to insignificant market share and offsetting market dynamics.
What did the court decide?
Approval of the Proposed Combination under Section 31(1) of the Act.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
COMPETITION COMMISSION OF INDIA
(Combination Registration No. C-2019/01/638)
26th March, 2019
Notice under Section 6 (2) of the Competition Act, 2002 given by Indorama Netherlands B.V.
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 30th January, 2019, the Competition Commission of India ( Commission ) received a notice under Section 6(2) of the Competition Act, 2002 ( Act ), given by Indorama Netherlands B.V. ( INBV ), in relation to its acquisition of shares in Indo Rama Synthetics (India) Limited ( IRSL ) (INBV and IRSL together referred to as Parties ).
- The notice has been given pursuant to an Investment Agreement and an Inter-se Agreement, both executed on 21st January 2019, by and between the INBV, IRSL and certain others.
- In terms of Regulation 14 of the Competition Commission of India (Procedure in regard to transaction of business relating to combinations) Regulations, 2011 ( Combination Regulations ), vide letter dated 11th February, 2019 certain information was sought from INBV and response to the same was received on 15th February, 2019. INBV submitted further information on 28th February, 2019.
Issues for consideration
1 issue framed by the court
Whether the proposed combination of Indorama Netherlands B.V. and Indo Rama Synthetics (India) Limited is likely to have an appreciable adverse effect on competition in India.
Parties & counsel
- applicant
Indorama Netherlands B.V.
- applicant
Indo Rama Synthetics (India) Limited
Coram
Ashok Kumar Gupta
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court