Archroma Operations S.a.r.l.
Case brief
What is this about?
The Competition Commission of India approved a combination where Archroma acquired Huntsman International's Textile Effects Division. The Commission found the proposed acquisition was unlikely to have any appreciable adverse effect on competition in India based on market share analysis and relevant market factors under the Competition Act, 2002.
What did the court decide?
The Proposed Combination is approved under Section 31(1) of the Competition Act, 2002 as it is not likely to have any appreciable adverse effect on competition.
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-2022/09/970)
9th February 2023
Notice under Section 6(2) of the Competition Act, 2002 jointly given by Archroma Operations S.à.r.l and Archroma Germany GmbH
CORAM:
Ms. Sangeeta Verma Acting Chairperson
Mr. Bhagwant Singh Bishnoi Member
Order under Section 31(1) of the Competition Act, 2002
- On 19th September 2022, the Competition Commission of India ( Commission ) received a notice ( Notice ) under Section 6(2) of the Competition Act, 2002 ( Act ). Initially, the Notice was given only by Archroma Operations S.à.r.l ( Archroma/Acquirer ). Later, Archroma Germany GmbH also became a notifying party by furnishing relevant document(s). The Notice was given pursuant to the execution of Equity and Asset Purchase Agreement executed between Archroma and Huntsman International LLC ( Huntsman International ) on 9th August 2022.
- The Commission, vide its communications dated 6th October 2022, 10th October 2022, and 7th November 2022, issued under Regulation 14(3) of the Competition Commission of India (Procedure in regard to transaction of business relating to combinations) Regulations, 2011, required the notifying party(ies) to remove defects in the Notice and furnish certain information relevant for the purpose of assessment of the Proposed Combination. Notifying party(ies) furnished their responses vide submissions dated 27th October, 29th November 2022, and 5th December 2022.
Issues for consideration
3 issues framed by the court
Whether the proposed combination between Archroma and Huntsman International is likely to have an appreciable adverse effect on competition in India.
Whether the relevant market shares and incremental market shares of the parties in textile chemicals and dyes segments justify approval under Section 31(1).
Whether the proposed combination satisfies the factors stated in Section 20(4) of the Competition Act, 2002.
Parties & counsel
- petitioner
Competition Commission of India
- respondent
Archroma Operations S.à.r.l and Archroma Germany GmbH
Coram
Ms. Sangeeta Verma
Case details
As recorded by the court registry
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