Gail (India) Limited
Case brief
What is this about?
The Competition Commission of India approved GAIL (India) Limited's acquisition of 26% equity in ONGC Tripura Power Corporation Limited under Section 31(1). The Commission found the combination unlikely to cause an appreciable adverse effect on competition, noting horizontal overlaps were limited and vertical relationships would not foreclose competition.
What did the court decide?
The Commission approved the Proposed Combination under Section 31(1) of the Act.
What the court decided
COMPETITION COMMISSION OF INDIA
(Combination Registration No. C-2021/08/862)
9 September 2021
Notice under Section 6(2) of the Competition Act, 2002 given by GAIL (India) 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 10 August 2021, the Competition Commission of India (‘ Commission ’) received a notice under Section 6(2) of the Competition Act, 2002 (‘ Act ’), given by GAIL (India) Limited (‘ GAIL / Acquirer ’). The notice was given pursuant to communication received by GAIL on 5 June 2021 regarding its selection as the successful bidder pursuant to Invitation of EOI by Infrastructure Leasing and Financial Services Limited ( ‘IL&FS’) in order to monetise the investments made by the IL&FS Group in the ONGC Tripura Power Corporation Limited (‘ OTPC/Target ’).
Issues for consideration
2 issues framed by the court
Whether the proposed acquisition by GAIL of 26% equity in OTPC is likely to cause an appreciable adverse effect on competition in any relevant market in India.
Whether the potential vertical relationships between the acquirer and target would foreclose competition in any market.
Parties & counsel
- petitioner
GAIL (India) Limited
- respondent
ONGC Tripura Power Corporation Limited
Coram
Ashok Kumar Gupta
Case details
As recorded by the court registry
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