Jsw Energy Limited
Case brief
What is this about?
The Competition Commission of India approved a proposed combination where JSW Energy Limited acquired 100% share capital of GMR Kamalanga Energy Limited. The Commission found no appreciable adverse effect on competition based on low market share.
What did the court decide?
Commission approved the Proposed Combination under Section 31(1) of the Act.
What the court decided
COMPETITION COMMISSION OF INDIA
(Combination Registration No. C-2020/03/731)
7th April, 2020
Notice under Section 6 (2) of the Competition Act, 2002 filed by JSW Energy 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 3rd March, 2020, Competition Commission of India (“ Commission ”) received a notice under Section 6(2) of the Competition Act, 2002 (“ Act ”), filed by JSW Energy Limited (“ JEL / Acquirer ”). The notice has been filed pursuant to the execution of Share Purchase Agreement (“ SPA ”) between GMR Energy Limited, GMR Kamalanga Energy Limited (“ GKEL / Target ”) and JEL on 17th February, 2020. [Hereinafter, the Acquirer and the Target are collectively referred to as “ Parties ”].
- The Proposed Combination envisages acquisition of 100% share capital of the Target by the Acquirer. Pursuant to the Proposed Combination, the Acquirer would acquire sole control of the Target, and the Target will function as a wholly owned subsidiary of the Acquirer.
Issues for consideration
2 issues framed by the court
Whether the proposed acquisition of 100% share capital of GMR Kamalanga Energy Limited by JSW Energy Limited is likely to cause appreciable adverse effect on competition in India.
Whether the combined and incremental market share in the overlapping power generation segment requires regulatory intervention under the Competition Act.
Parties & counsel
- applicant
Competition Commission of India
- applicant
JSW Energy Limited
- respondent
GMR Energy Limited
- respondent
GMR Kamalanga Energy Limited
Coram
Case details
As recorded by the court registry
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