Tata Digital Ltd.
Case brief
What is this about?
The Competition Commission of India approved a proposed combination involving the acquisition of Supermarket Grocery Supplies by Tata Digital Limited and subsequent control over Innovative Retail Concepts. The Commission found the combination would not cause an appreciable adverse effect on competition based on low incremental market shares.
What did the court decide?
The Proposed Combination involving the acquisition by Tata Digital Limited of Supermarket Grocery Supplies and Innovative Retail Concepts is approved 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-2021/03/822)
28.04.2021
Notice under Section 6 (2) of the Competition Act, 2002 filed by Tata Digital 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 12.03.2021, Competition Commission of India ( Commission ) received a notice under sub-section (2) of Section 6 of the Competition Act, 2002 ( Act ) filed by Tata Digital Limited ( TDL / Acquirer ). The notice has been filed inter alia , pursuant to the following transaction documents (a) Securities Subscription Agreement dated 29.01.2021 ( SSA ) executed between TDL, Supermarket Grocery Supplies Private Ltd ( SGS/Target I ) and the management team of SGS ( Management Team ) and (b) Share Purchase Agreements dated 29.01.2021executed between TDL, SGS and certain existing shareholders of SGS ( SPAs ).
Issues for consideration
3 issues framed by the court
Whether the proposed acquisition results chain in an appreciable adverse effect on competition in India.
Whether the combined market share of the parties raises competition concerns in the relevant B2B and B2C markets.
Whether the business services agreement between TDL and IRC poses a vertical foreclosure risk.
Parties & counsel
- appellant
Tata Digital Limited
- respondent
Supermarket Grocery Supplies Private Ltd
- respondent
Innovative Retail Concepts Private Limited
Coram
Case details
As recorded by the court registry
- Court
- CCI
- Decided on
- · April
- Case no.
- C-2021/03/822
- Topic
- Consumer Protection
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