Varun Beverages Limited, Gurugram, Haryana
Case brief
What is this about?
The Competition Commission of India approved a proposed combination where Varun Beverages Limited acquired manufacturing plants and franchise rights from PepsiCo India Holdings. The Commission found no appreciable adverse effect on competition.
What did the court decide?
Combination approved under Section 31(1) of the Competition Act, 2002 with confidentiality provisions retained.
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-2019/02/645)
Fair Competition For Greater Good
22.03.2019
Notice u/s 6 (2) of the Competition Act, 2002 filed by Varun Beverages 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 19.02.2019, the Competition Commission of India (“ Commission ”) received a notice under Section 6(2) of the Competition Act, 2002 (“ Act ”) filed by Varun Beverages Limited (“ VBL ”/ “ Acquirer ”).
- The proposed combination relates to an acquisition of the 9 manufacturing plants and franchise rights for 7 States and 5 Union Territories to VBL as a going concern on a slump sale basis from PepsiCo India Holdings Private Limited (“ PepsiCo ”/ “ Seller ”) (“ Proposed Combination ”). For the purpose of Proposed Combination, a Business Transfer Agreement (“ BTA ”) dated 18.02.2019 has been executed between VBL, PepsiCo and RJ Corp Limited (“ RJ Corp ”).
Issues for consideration
2 issues framed by the court
Whether the proposed combination of acquisition of manufacturing plants and franchise rights is likely to cause any appreciable adverse effect on competition in India.
Whether the proposed combination involves actual or likely horizontal or vertical competition issues.
Parties & counsel
- petitioner
Competition Commission of India
- respondent
Varun Beverages Limited
- respondent
PepsiCo India Holdings Private Limited
- respondent
RJ Corp Limited
Coram
Case details
As recorded by the court registry
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