Eqt Ab
Case brief
What is this about?
The Competition Commission of India approved a proposed acquisition where EQT AB acquired BPEA Group entities. The Commission found the combined party held an insignificant market share in private equity investment in India, resulting in no appreciable adverse effect on competition.
What did the court decide?
The Proposed Combination is approved under Section 31(1) of the Act.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
COMPETITION COMMISSION OF INDIA
(Combination Registration No. C-2022/05/932)
18th August 2022
Notice under Section 6(2) of the Competition Act, 2002, jointly given by EQT AB and Mr. Jean Eric Salata Rothleder
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 27th May 2022, the Competition Commission of India ( ‘Commission’ ) received a Notice under Section 6(2) of the Competition Act, 2002 ( ‘Act’ ), given by EQT AB ( ‘Acquirer’ ). The Notice was filed pursuant to the execution of: (i) Securities Purchase and Merger Agreement ( ‘SPA’ ) executed, inter alios, amongst the Acquirer, Barings Private Equity Asia Group Holdings Limited, Barings Private Equity Asia Group Limited ( ‘BPEA’ ), and Mr. Jean Eric Salata Rothleder ( ‘BPEA Founder’ ), dated 16th March 2022; and (ii) Term Sheet executed between the Acquirer and BPEA Founder, dated 16th March 2022 ( ‘Term Sheet’ ).
Issues for consideration
3 issues framed by the court
Whether the proposed combination between EQT AB and BPEA Group is likely to cause an appreciable adverse effect on competition in India.
Whether the Parties comply with the information requirements under Regulation 14 of the Combination Regulations.
Whether the combined entity holds sufficient market share to warrant prohibition under Section 31 of the Act.
Parties & counsel
- petitioner
EQT AB
- petitioner
Jean Eric Salata Rothleder
- petitioner
Baring Private Equity Asia Group Holdings Limited
- petitioner
Baring Private Equity Asia Group Limited
Coram
Case details
As recorded by the court registry
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