NTPC Limited
Case brief
What is this about?
The Competition Commission of India approved a proposed combination where NTPC Limited acquires the Government of India's shareholding in THDC India Limited. The Commission determined the combination would not have an appreciable adverse effect on competition.
What did the court decide?
The Commission approved the Proposed Combination 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-2020/02/723)
24th February 2020
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 5th February, 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 of 74.50% in THDC India Limited ( THDC/ Target ) along with transfer of management control to an identified Central Public Sector Enterprise (“ CPSE ”) 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 THDC will be referred to as “ Parties ”)
Issues for consideration
2 issues framed by the court
Whether the proposed acquisition of THDC India Limited by NTPC Limited is likely to have an appreciable adverse effect on competition in India.
Whether the incremental market share resulting from the combination raises competition concerns in the power generation and consultancy services markets.
Parties & counsel
- petitioner
Competition Commission of India
- applicant
NTPC Limited
- applicant
THDC India Limited
Coram
Case details
As recorded by the court registry
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