Atc Asia Pacific Pte. Ltd.
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.
Summary of the Proposed Combination
[In terms of Regulations 13 (1A) of the Competition Commission of India (Procedure in
regard to the transaction of business relating to combinations), 2011 (as amended)]
A. Name of the parties to the combination
- The names of the parties to the combination are:
- (a) ATC Asia Pacific Pte. Ltd. ( ATC APP / Acquirer ); and
- (b) ATC Telecom Infrastructure Private Limited ( ATC TIPL / Target ).
ATC APP and ATC TIPL are together referred to as Parties .
B. Nature and purpose of the combination
- The Acquirer already holds 92.09% of the equity share capital of the Target. The proposed combination relates to a further/additional acquisition by ATC APP of 7.91% of the equity share capital (on a fully-diluted basis) of ATC TIPL from its two existing minority shareholders i.e., Macquarie SBI Infrastructure Investments Pte. Ltd. and SBI Macquarie Infrastructure Trust (collectively, Macquarie ). This is pursuant to the put option exercised by Macquarie in terms of the shareholders agreement executed between, inter alia , Macquarie, ATC APP and ATC TIPL ( Proposed Combination ). After the completion of the Proposed Combination, the Acquirer would hold 100% of the equity share capital of the Target.
Case details
As recorded by the court registry
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