Betaine B.V.
Case brief
What is this about?
The Competition Commission of India considered a notice under Section 6(2) regarding Betaine B.V.'s acquisition of HGS Healthcare BPO business. The Commission observed no significant market share and no appreciable adverse effect on competition in any relevant market. Consequently, the proposed combination was approved under Section 31(1).
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-2021/09/870)
18th October 2021
Notice under Section 6(2) of the Competition Act, 2002 Given by Betaine B.V.
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 06th September 2021, the Competition Commission of India ( Commission ) received a notice ( Notice ) under Section 6(2) of the Competition Act, 2002 ( Act ), given by Betaine B.V. ( Betaine / Acquirer ). The Notice was given pursuant to execution of the Master Framework Agreement ( MFA ), inter alia, between Betaine and Hinduja Global Solutions Limited ( HGS/ Seller ), and India Business Transfer Agreement ( India-BTA ) between HGS and Betaine on 09th August 2021.
- The Commission, vide its letter dated 21st September 2021 issued under Regulation 14(3) of the Competition Commission of India (Procedure in regard to transaction of business relating to combinations) Regulations, 2011, required the notifying party to remove defects in the Notice and furnish certain information relevant for the purpose of assessment of the Proposed Combination. The notifying party submitted the response vide its submission dated 28th September 2021.
Issues for consideration
2 issues framed by the court
Whether the proposed acquisition of HGS Healthcare BPO business by Betaine B.V. is likely to cause an appreciable adverse effect on competition in India.
Whether the acquisition of another proposed Merger and Acquisition by the Acquirer should be considered in the ex-ante competition assessment.
Parties & counsel
- appellant
Competition Commission of India
- applicant
Betaine B.V.
- other
Hinduja Global Solutions Limited
Coram
Case details
As recorded by the court registry
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