Clariant Ag
Case brief
What is this about?
The Competition Commission of India examined a notice filed regarding a proposed combination between Clariant and Heubach businesses in the pigment sector. Assessing horizontal overlaps and vertical relationships, the Commission found no appreciable adverse effect on competition and passed the order under Section 31(1) of the Act.
What did the court decide?
The Commission passed the order under Section 31(1) of the Competition Act, 2002, permitting the proposed combination.
What the court decided
COMPETITION COMMISSION OF INDIA (Combination Registration No.C-2021/07/856)
Public Version
04.10.2021
Notice under Section 6(2) of the Competition Act, 2002 filed by Clariant AG, Heubach Holding GmbH, and Luxembourg Investment Company 426 S.à r.l.
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 26.07.2021, the Competition Commission of India ( Commission ) received a notice under Section 6(2) of the Competition Act, 2002 ( Act ). The notice has been filed pursuant to the (i) Share Purchase Agreement ( SPA ) dated 11.06.2021 entered into between Clariant and Others, (ii) the Subscription and Contribution Agreement ( SCA ) dated 11.06.2021 entered into, inter alia , between, Luxembourg Investment Company 426 S.à r.l. ( Lux Holdco 1 ) and Heubach Shareholders, and (iii) the Master Investment Agreement dated 11.06.2021 entered into, inter alia , between Lux Holdco 1, Clariant, and the Heubach Shareholders1 . Initially, the notice was given only by Clariant AG ( Clariant/Acquirer-1 ). Subsequently, other acquirers, namely Heubach Holding GmbH ( Heubach ) and Lux Holdco 1, became notifying parties by furnishing relevant documents.
Issues for consideration
3 issues framed by the court
Whether the proposed combination between Clariant Pigments Business and Heubach Business is likely to cause an appreciable adverse effect on competition.
Whether the parties' horizontal and vertical relationships raise competition concerns.
Whether the Commission can pass notice under Section 6(2) without defining the relevant market.
Parties & counsel
- petitioner
Competition Commission of India
- respondent
Clariant AG
- respondent
Heubach Holding GmbH
- respondent
Luxembourg Investment Company 426 S.à r.l.
Coram
Case details
As recorded by the court registry
- Court
- CCI
- Decided on
- · October
- Case no.
- C-2021/07/856
- Topic
- Consumer Protection
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