Hcji Holdings G.K.
Case brief
What is this about?
The Competition Commission of India considered a notice regarding the proposed acquisition of a controlling stake in Hitachi Construction Machinery Co., Ltd. The Commission found no horizontal or vertical overlaps between the parties and held that the combination would not likely cause an appreciable adverse effect on competition in India.
What did the court decide?
Approval granted under Section 31(1) of the Act.
What the court decided
30th May 2022
COMPETITION COMMISSION OF INDIA (Combination Registration No. C-2022/03/916)
Notice under Section 6(2) of the Competition Act, 2002 given by HCJI Holdings G.K., Citrus Investment LLC, HCJ Holdings 2 G.K., Japan Industrial V GP K.K., Manaslu Partners III Ltd., Primrose Hill Partners II Ltd., Shepherds Hill Partners III Ltd. and Sonora Partners III Ltd.
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 25th March 2022, the Competition Commission of India ( Commission ) received a notice ( Notice ) under Section 6(2) of the Competition Act, 2002 ( Act ), given by HCJI Holdings G.K . (HCJI )1 , Citrus Investment LLC ( Citrus/Investment Company )2 , HCJ Holdings 2 G.K. ( HCJ Holdings/HCJ HD2 ), Japan Industrial V GP K.K. ( JI-GP ), Manaslu Partners III Ltd. ( Manalsu ), Primrose Hill Partners II Ltd. ( Primrose GP ), Shepherds Hill Partners III Ltd. ( Shepherds ) and Sonora Partners III Ltd. ( Sonora ). Hereinafter, HCJI, Citrus, HCJ Holdings, JI-GP, Manalsu, Primrose GP, Shepherds and Sonora are collectively referred to as the Acquirers.
Issues for consideration
3 issues framed by the court
Whether the proposed combination of Hitachi Construction Machinery Co., Ltd and related entities is likely to cause an appreciable adverse effect on competition in India.
Whether the Commission can approve a combination where the notifying parties have no horizontal or vertical overlap with the target.
Whether the Commission can leave the precise delineation of the Relevant Market open if the combination is not likely to affect competition.
Parties & counsel
- petitioner
HCJI Holdings G.K. and others
- respondent
Competition Commission of India
Coram
Ashok Kumar Gupta
Case details
As recorded by the court registry
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