Hitachi, Ltd.
Case brief
What is this about?
The Competition Commission of India considered a combination registration under Section 6(2) of the Competition Act, 2002 for Hitachi's acquisition of shares in ABB Management. The Commission held that the combination would not likely have an appreciable adverse effect on competition and approved it under Section 31(1).
What did the court decide?
The Proposed Combination is approved.
What the court decided
COMPETITION COMMISSION OF INDIA (Combination Registration No. C-2020/02/724)
7th April, 2020
Notice under Section 6 (2) of the Competition Act, 2002 (Act) filed by Hitachi 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 6th February, 2020, the Competition Commission of India ( Commission ) received a notice ( Notice ) under Section 6(2) of the Competition Act, 2002 ( Act ), filed by Hitachi Ltd. ( Hitachi/ Acquirer). The Notice has been given pursuant to the execution of the Share Purchase Agreement ( SPA ) between Hitachi and ABB Ltd. ( ABB ) on 17th December, 2018.
- The Commission subsequently vide its letter dated 19th February, 2020 and 13th March, 2020 issued under Regulation 14 of the Competition Commission of India (Procedure in regard to transaction of business relating to combinations) Regulations, 2011, required the Acquirer to remove defects in the Notice and furnish certain information. In response, the Acquirer filed its submissions on 4th March 2020 and 19th March 2020, respectively.
Issues for consideration
3 issues framed by the court
Whether the proposed acquisition of ABB Management by Hitachi is likely to have any appreciable adverse effect on competition in India.
Whether the termination of certain business segments of Hitachi due to a sale of subsidiary affects the competitive analysis.
Whether the Proposed Combination requires approval under Section 31(1) of the Competition Act, 2002.
Parties & counsel
- applicant
Hitachi Limited
- respondent
ABB Limited
Coram
Ashok Kumar Gupta
Case details
As recorded by the court registry
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