Ofb Tech Pvt. Ltd.
Case brief
What is this about?
The Competition Commission of India approved a proposed combination involving the acquisition of 97.77% of SMW Ispat Private Limited by OFB Tech Private Limited along with inter-connected transactions. The Commission found no likely appreciable adverse effect on competition due to limited market presence and overlapping activities.
What did the court decide?
The proposed combination is approved under Section 31(1) of the Act.
What the court decided
COMPETITION COMMISSION OF INDIA (Combination Registration No. C-2022/03/915)
17th May 2022
Notice under Section 6(2) of the Competition Act, 2002 jointly given by OFB Tech Private Limited, Sangam E-Com Limited and Santosh Hybrid Seeds Company Private 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 24th March 2022, the Competition Commission of India ( Commission ) received a notice ( Notice ) under Section 6(2) of the Competition Act, 2002 ( Act ), given by OFB Tech Private Limited ( Acquirer/OFB Tech ). The Notice was given pursuant to execution of the Share Purchase Agreement and Shareholders Agreement, inter alia , between the Acquirer and SMW Ispat Private Limited ( Target/SMW Ispat ) on 15th March 2022.
- The Commission, vide its communication dated 6th April 2022 and 20th April 2022 ( 20th April Communication ), 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(ies) to remove defects in the Notice and furnish certain information relevant for the purpose of assessment of the Proposed Combination. Notifying party(ies) furnished their response vide submissions dated 11th April 2022 and 25th April 2022. Acquirers for inter-connected transaction(s) were not the notifying parties to the Notice. In response to the 20th April Communication, acquirers for inter-connected transaction(s), viz ., Sangam E-Com Limited ( Sangam ) and Santosh Hybrid Seeds Co. Private Limited ( Santosh ), also became notifying parties by furnishing relevant documents.
Issues for consideration
2 issues framed by the court
Whether the proposed acquisition by OFB Tech of SMW Ispat with inter-connected transactions is likely to have an appreciable adverse effect on competition.
Whether the overlapping activities of the parties and their affiliates in the steel market raise competition concerns.
Parties & counsel
- petitioner
OFB Tech Private Limited
- respondent
Sangam E-Com Limited
- respondent
Santosh Hybrid Seeds Company Private Limited
- respondent
SMW Ispat Private Limited
Coram
Case details
As recorded by the court registry
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