Deli Cmf Pte Limited, Singapore
Case brief
What is this about?
The Competition Commission of India approved a proposed combination involving share subscription by Deli CMF Pte. Limited in Delhivery Private Limited. The Commission determined the combination did not raise competition concerns despite vertical overlaps.
What did the court decide?
The Commission approves the Proposed Combination under subsection (1) of Section 31 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-2019/02/640)
22nd March, 2019
Notice under Section 6 (2) of the Competition Act, 2002 given by Deli CMF Pte. Limited
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 1st February, 2019, the Competition Commission of India ( Commission ) received a notice under Section 6(2) of the Competition Act, 2002 ( Act ), given by Deli CMF Pte. Limited ( Deli/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
3 issues framed by the court
Whether the proposed combination of share subscription between Deli CMF Pte. Limited and Delhivery Private Limited qualifies as a merger under Section 5 of the Act.
Whether the proposed combination is likely to cause appreciable adverse effect on competition in India under Section 2 of the Act.
Whether the proposed combination requires approval from the Competition Commission of India.
Parties & counsel
- applicant
Deli CMF Pte. Limited
Coram
Ashok Kumar Gupta
U. C. Nahta
Sangeeta Verma
Case details
As recorded by the court registry
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