Air India Limited
Case brief
What is this about?
The Competition Commission of India examined a proposed combination where Air India Limited would acquire shares in AirAsia India from AAGL and Tata Sons would transfer its stake to Air India. The Commission held that the transaction was not likely to cause an appreciable adverse effect on competition and approved it under Section 31(1) of the Competition Act, 2002.
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-2022/04/922)
13th June 2022
Notice under Section 6(2) of the Competition Act, 2002 given by Air 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 26th April 2022, the Competition Commission of India ( Commission ) received a notice ( Notice ) under Section 6(2) of the Competition Act, 2002 ( Act ), given by Air India Limited ( Air India ). The Notice was given pursuant to the letter dated 03rd March 2022, issued by Tata Sons Private Limited ( TSPL ) exercising the call option under the Shareholders Agreement executed inter alia between AirAsia Aviation Group Limited (formerly known as AirAsia Investment Limited) ( AAGL ), AirAsia (India) Limited ( AirAsia India ) and TSPL on 29th December 2020.
Issues for consideration
2 issues framed by the court
Whether the proposed combination of Air India acquiring shares in AirAsia India is likely to have an appreciable adverse effect on competition.
Whether the exit of AAGL from the joint venture AirAsia India affects the market behaviour of overlapping entities in the Tata Sons group.
Parties & counsel
- other
Competition Commission of India
- other
Tata Sons Private Limited
Coram
Ashok Kumar Gupta
Case details
As recorded by the court registry
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