Dalmia Cement (Bharat) Limited
Case brief
What is this about?
The Competition Commission of India assessed a proposed combination involving acquisitions of cement plants and power assets by Dalmia Cement from Jaiprash Associates and JV partners. The Commission analyzed horizontal and vertical overlaps in grey cement, clinker, and power markets.
What did the court decide?
The Proposed Combination is approved under Section 31(1) of the Competition Act, 2002.
What the court decided
COMPETITION COMMISSION OF INDIA
(Combination Registration No.C-2022/12/993)
15.02.2023
Notice under Section 6(2) of the Competition Act, 2002 filed by Dalmia Cement (Bharat) Limited
CORAM:
Ms. Sangeeta Verma Acting Chairperson
Mr. Bhagwant Singh Bishnoi
Member
Order under Section 31(1) of the Competition Act, 2002
- On 16.12.2022, the Competition Commission of India ( Commission ) received a notice under sub-section (2) of Section 6 of the Competition Act, 2002 ( Act ) filed by Dalmia Cement (Bharat) Limited ( Acquirer ). The notice has been filed pursuant to the framework agreement dated 12.12.2022 ( Framework Agreement ), executed between the Acquirer, Jaiprakash Associates Limited ( JAL ), Jaiprakash Power Ventures Limited ( JPVL ), and Promoters of JAL represented by Shri Jaiprakash Gaur, Executive Chairman, Jaypee Infra Ventures Private Limited.
Issues for consideration
2 issues framed by the court
Whether the proposed combination of shareholdings and assets between Dalmia Cement and Jaiprakash entities is likely to have an appreciable adverse effect on competition in relevant markets.
Whether the Commission should approve the combination under Section 31(1) of the Competition Act, 2002 based on the submitted market share and capacity data.
Parties & counsel
- petitioner
Competition Commission of India
- respondent
Dalmia Cement (Bharat) Limited
- respondent
Jaiprakash Associates Limited
- respondent
Jaiprakash Power Ventures Limited
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court