Adani Power Limited
Case brief
What is this about?
The Competition Commission of India approved the proposed combination of Adani Power Limited acquiring Diliigent Power and DB Power Limited. The Commission noted minimal market share and no significant foreclosure risks, finding no appreciable adverse effect on competition in India.
What did the court decide?
Proposed combination approved under Section 31(1) of the Act subject to conditions regarding confidentiality and correctness of information.
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-2022/08/963)
29th September 2022
Notice under Section 6(2) of the Competition Act, 2002 given by Adani Power 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 22nd August 2022, the Competition Commission of India ( ‘Commission’ ) received a Notice under Section 6(2) of the Competition Act, 2002 ( ‘Act’ ), given by Adani Power Ltd. ( ‘Acquirer’ ). The Notice was filed pursuant to the execution of Binding Memorandum of Understanding ( ‘Binding MoU’ ) dated 18th August 2022 between the Acquirer, Diliigent Power Private Limited ( ‘Diliigent Power’ / ‘Target 1’ ), and the Selling Shareholders (comprising DB Group, The Rohatyn Group and Warburg Pincus).
Issues for consideration
3 issues framed by the court
Whether the proposed combination involving acquisition of Diliigent Power and DB Power by Adani Power Limited is likely to cause an appreciable adverse effect on competition in India.
Whether the combination exhibits horizontal or vertical overlaps that would lead to market foreclosure.
Whether the Commission can approve the proposed combination under Section 31(1) of the Competition Act.
Parties & counsel
- petitioner
Competition Commission of India
- other
Adani Power Limited
Coram
Ashok Kumar Gupta
Case details
As recorded by the court registry
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