Cdc Group plc.
Case brief
What is this about?
The Competition Commission of India examined CDC Group plc's voluntary notice regarding an acquisition in Ecom Express Private Limited. Finding no horizontal or vertical overlap and no additional management rights, the Commission concluded the combination would not cause an appreciable adverse effect on competition.
What did the court decide?
Approval of the proposed combination under Section 31(1) of the Competition Act, 2002.
What the court decided
COMPETITION COMMISSION OF INDIA (Combination Registration No. C-2021/01/808)
10th February 2021
Notice under Section 6 (2) of the Competition Act, 2002 Given by CDC Group plc.
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 13th January 2021, the Competition Commission of India (‘ Commission ’) received a notice (‘ Notice ’) under Section 6(2) of the Competition Act, 2002 (‘ Act ’), given by CDC Group plc. (‘ CDC ’/‘ Acquirer ’). The Notice was given pursuant to the Restated Shareholders’ Agreement executed between inter alia CDC and Ecom Express Private Limited (‘ Ecom ’ / ‘ Target ’) on 11th December 2020; option notice dated 18th December 2020; and Share Subscription Agreement executed between inter alia CDC and Ecom on 22nd December 2020. CDC also made voluntary submission vide communications dated 27th January 2021 and 28th January 2021.
Issues for consideration
2 issues framed by the court
Whether the proposed acquisition by CDC Group plc in Ecom Express Private Limited results in an appreciable adverse effect on competition.
Whether the proposed combination attracts scrutiny under the Competition Act, 2002 for appreciable adverse effect on competition in India.
Parties & counsel
- applicant
CDC Group plc
Coram
Ashok Kumar Gupta
Sangeeta Verma
Bhagwant Singh Bishnoi
Case details
As recorded by the court registry
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