Endeavour Trade and Investment Ltd.
Case brief
What is this about?
The Competition Commission of India approved a proposed combination where Endeavour would acquire Holderfin's shares in Holderind, a cement sector entity. The Commission assessed horizontal overlaps and vertical interfaces involving the Adani group and found no appreciable adverse effect on competition in the relevant markets.
What did the court decide?
The proposed combination is hereby approved under Section 31(1) of the Competition Act, 2002.
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.
Non-Confidential Version
COMPETITION COMMISSION OF INDIA (Combination Registration No. C-2022/06/938)
12th August 2022
Notice under Section 6(2) of the Competition Act, 2002 given by Endeavour Trade and Investment 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 10th June 2022, the Competition Commission of India ( Commission ) received a notice ( Notice ) under Section 6(2) of the Competition Act, 2002 ( Act ), given by Endeavour Trade and Investment Limited ( Endeavour / Acquirer ). The Notice was given pursuant to the execution of the Share Purchase Agreement dated 15th May 2022 between Holderfin B.V. ( Holderfin ) and Endeavour.
Issues for consideration
3 issues framed by the court
Whether the proposed combination between Endeavour and Holderfin via Holderind is likely to cause an appreciable adverse effect on competition in the cement market in Gujarat and Maharashtra.
Whether vertical interfaces such as supply of limestone, fly ash, coal, or MDO services between the parties raise competition concerns.
Whether the Commission must precisely delineate the relevant market to assess the proposed combination given the insignificant incremental market shares.
Parties & counsel
- petitioner
Endeavour Trade and Investment Limited
- respondent
Competition Commission of India
Coram
Ashok Kumar Gupta
Case details
As recorded by the court registry
- Court
- CCI
- Decided on
- · August
- Case no.
- C-2022/06/938
- Topic
- Consumer Protection
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