Adani Power Limited (Apl)
Case brief
What is this about?
The Competition Commission of India examined a notice regarding the proposed acquisition of equity in Odisha Power Generation Corporation Limited by Adani Power Limited. Finding that combined market shares were insignificant and vertical relationships unlikely to raise concerns, the Commission approved the combination.
What did the court decide?
The proposed combination is approved under Section 31(1) of the Competition Act, 2002.
What the court decided
COMPETITION COMMISSION OF INDIA
(Combination Registration No. C-2020/07/754)
30th July, 2020
Notice under Section 6(2) of the Competition Act, 2002 filed by Adani Power 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 01st July, 2020, the Competition Commission of India ( Commission ) received a notice ( Notice ) under Section 6(2) of the Competition Act, 2002 ( Act ), filed by Adani Power Limited ( APL/ Acquirer ). The Notice is pursuant to the Share Sale and Purchase Agreement ( SPA ) dated 22nd June, 2020 entered between APL and Sellers viz., AES OPGC Holding ( Seller 1 ) and AES India Private Limited ( Seller 2 ) (hereinafter, Seller 1 and Seller 2, will be together referred to as “ Sellers”. )
Issues for consideration
2 issues framed by the court
Whether the proposed combination by Adani Power Limited of equity in Odisha Power Generation Corporation Limited is likely to have an appreciable adverse effect on competition in India.
Whether the relevant market and vertical relationships between the parties raise any foreclosure concerns under the Competition Act, 2002.
Parties & counsel
- petitioner
Anil Ambani
- respondent
Reliance Power Limited
Coram
Ashok Kumar Gupta
Case details
As recorded by the court registry
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