NTPC Limited
Case brief
What is this about?
The Competition Commission of India reviewed a proposed combination where NTPC Limited acquired 100% share capital of NEEPCO from the Government of India. Assessing market shares and vertical overlaps, the Commission found no likely appreciable adverse effect on competition and approved the combination.
What did the court decide?
The Commission approves the proposed combination between NTPC Limited and North Eastern Electric Power Corporation Limited.
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.
24.02.2020
COMPETITION COMMISSION OF INDIA
(Combination Registration No. C-2020/02/722)
Notice under Section 6(2) of the Competition Act, 2002 filed by NTPC 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 05.02.2020, the Competition Commission of India ( Commission ) received a Notice ( Notice ) under Section 6(2) of the Competition Act, 2002 ( Act ), filed by NTPC Limited (NTPC/ Acquirer) . The Notice has been given pursuant to the decision of the Cabinet Committee on Economic Affairs ( CCEA ) for implementing the strategic disinvestment of Government of India ( GoI ) shareholding in North Eastern Electric Power Corporation Limited ( NEEPCO/Target ) along with transfer of management control to an identified Central Public Sector Enterprise ( CPSE ), a strategic buyer i.e. NTPC which has an „in principal approval‟ of the Board of Director of NTPC dated 27.01.2020. (hereinafter, NTPC and NEEPCO will be referred to as “ Parties ”).
Issues for consideration
3 issues framed by the court
Whether the proposed combination between NTPC and NEEPCO is likely to have an appreciable adverse effect on competition in India.
How to define the relevant product and geographic markets for power generation and R&M services.
Whether the incremental market share of the proposed combination warrants regulatory intervention.
Parties & counsel
- other
Competition Commission of India
- petitioner
NTPC Limited
- other
North Eastern Electric Power Corporation Limited
- other
Government of India
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court