The Competition Commission of India approved a proposed combination involving the acquisition of Future Coupons Private Limited by Amazon Group affiliates. The Commission found no appreciable adverse effect on competition in the retail, digital payments, or B2B sales markets.
Approval of the proposed combination under Section 31(1) of the Competition Act, 2002.
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-2019/09/688)
28th November, 2019
Notice under Section 6 (2) of the Competition Act, 2002 filed by Amazon.com NV Investment Holdings LLC.
CORAM:
Mr. Ashok Kumar Gupta Chairperson Ms. Sangeeta Verma Member Mr. Bhagwant Singh Bishnoi Member
Order under Section 31(1) of the Competition Act, 2002
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Combination Registration No. C-2019/09/688
Corporate Resources Private Limited (“ FCRPL ”) and FRL (‘ Transaction II and Transaction III’ ). It includes transfer of certain shares of FRL held by FCRPL to FCL. It has been submitted that Transaction II and Transaction III are condition precedent to Transaction I. Further, prior to the Proposed Combination, FCL had acquired equity warrants of FRL, convertible into equity shares representing 7.30% of the share capital of FRL within a period of 18 months from the date of allotment.
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Combination Registration No. C-2019/09/688
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Combination Registration No. C-2019/09/688
largest shareholder in FRL. FRL (including its subsidiaries) is active in the Indian retail market and currently operates multiple retail formats in hypermarkets, supermarkets and convenience stores under different brand names, including: Big Bazaar / Big Bazaar GenNxt / Hypercity (variety departmental chain); FBB (Fashion @ Big Bazaar); Foodhall (premium lifestyle food destination); Easyday (super market chain); Heritage Fresh (super market chain); Nilgiris (super market chain); WHSmith (books, stationery and traveller focused specialty retail chain); eZone (high end consumer electronics specialty store); and 7-Eleven.
Competition Assessment
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Combination Registration No. C-2019/09/688
Combination Registration No. C-2019/09/688
factors stated in sub-section (4) of Section 20 of the Act, the Commission is of the opinion that the proposed combination is not likely to have an appreciable adverse effect on competition in India and therefore, the Commission, hereby, approves the same under sub-section (1) of Section 31 of the Act.
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2 issues framed by the court
Whether the proposed combination between Amazon Group and Future Coupons Private Limited is likely to have an appreciable adverse effect on competition in India.
Whether the Commission's assessment of market presence and vertical relationships raises competition concerns.
4 provisions across 1 enactments
Amazon.com NV Investment Holdings LLC
Ashok Kumar Gupta
Sangeeta Verma
Bhagwant Singh Bishnoi
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
