Yum Restaurants India Private Limited
Case brief
What is this about?
The Competition Commission of India approved a proposed combination involving share subscription by Yum Restaurants (India) and acquisition of 61 KFC restaurants by Devyani International Limited. The Commission found the combined market share to be miniscule and the transaction not likely to appreciably affect competition.
What did the court decide?
The proposed combination is approved under Section 31(1) of the Competition Act, 2002.
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-2019/12/715)
03.02.2020
Notice under Section 6(2) of the Competition Act, 2002 filed by Yum Restaurants (India) Private 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 24.12.2019, the Competition Commission of India ( Commission ) received a notice ( Notice ) under Section 6(2) of the Competition Act, 2002 ( Act ), filed by Yum Restaurants (India) Private Limited ( YRIPL/ Acquirer ). The Notice has been given pursuant to the execution of Share Subscription Agreement ( SSA ), Share Holders Agreement ( SHA ) and Business Transfer Agreement ( BTA ) each dated 11.12.2019 entered inter alia, between YRIPL and Devyani International Limited ( DIL ). (hereinafter, YRIPL and DIL will be referred to as “Parties” .)
Issues for consideration
2 issues framed by the court
Whether the proposed combination between Yum Restaurants (India) Private Limited and Devyani International Limited is likely to cause an appreciable adverse effect on competition in India
Whether the relevant market and merger guidelines require scrutiny for the proposed acquisition and slump sale of KFC businesses
Parties & counsel
- applicant
Yum Restaurants (India) Private Limited
Coram
Ashok Kumar Gupta
Sangeeta Verma
Bhagwant Singh Bishnoi
Case details
As recorded by the court registry
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