Nbcc (India) Limited
Case brief
What is this about?
Competitions Commission of India approved the proposed combination of NBCC (India) Limited acquiring Jaypee Infratech Limited pursuant to an insolvency resolution plan. The Commission concluded the acquisition was not likely to have any appreciable adverse effect on competition.
What did the court decide?
Order approving the proposed combination and finding no appreciable adverse effect on competition.
What the court decided
COMPETITION COMMISSION OF INDIA (Combination Registration No. C-2019/12/711)
27th December, 2019
Notice under Section 6 (2) of the Competition Act, 2002 filed by NBCC (India) Limited
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
- On 16th December, 2019, Competition Commission of India ( Commission ) received a notice ( Notice ) under Section 6(2) of the Competition Act, 2002 ( Act ), filed by NBCC (India) Limited ( NBCC/ Acquirer ).
- The proposed combination relates to the acquisition of Jaypee Infratech Limited ( JIL/ Target ) by the NBCC ( Proposed Combination ), pursuant to the resolution plan submitted in corporate insolvency resolution process under the Insolvency and Bankruptcy Code, 2016.
- NBCC, a Government of India enterprise, is engaged in construction activities. It holds the status of Navaratna Central Public Sector Enterprise. Activities of the NBCC are organized into the three segments viz. (i) project management consultancy ( PMC ); (ii) engineering procurement & construction; and (iii) real estate.
Issues for consideration
2 issues framed by the court
Whether the proposed acquisition of JIL by NBCC is likely to have an appreciable adverse effect on competition in India.
Whether the proposed combination raises competition concerns given the limited geographic and business overlap between the parties.
Parties & counsel
- applicant
NBCC (India) Limited
- respondent
Competitions Commission of India
Coram
Ashok Kumar Gupta
Case details
As recorded by the court registry
- Court
- CCI
- Decided on
- · December
- Case no.
- C-2019/12/711
- Topic
- Consumer Protection
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