The Competition Commission of India approved a proposed combination involving S.B. Packagings and Constantia Flexibles. The Commission found no appreciable adverse effect on competition after assessing the likely post-merger market shares and industry structure under Section 20(4).
Approves the Proposed Combination under Section 31(1) of the Act.
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-2023/02/1003)
3rd April 2023
Notice under Section 6(2) of the Competition Act, 2002 jointly given by S.B. Packagings Private Limited and Constantia Flexibles Sales B.V.
CORAM:
Ms. Sangeeta Verma Acting Chairperson
Mr. Bhagwant Singh Bishnoi Member
Order under Section 31(1) of the Competition Act, 2002
The Proposed Transaction and the Additional Transaction are together referred to as the Proposed Combination . Parikh Packaging, Creative Polypack, Aparna Paper, Vibgyor and Parikh Flexibles are collectively referred to as the Targets or the C-Flex India Entities . C-Flex, SBP and C-Flex India Entities have been collectively referred to as Parties .
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Combination Registration No. C-2023/02/1003
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Combination Registration No. C-2023/02/1003
finished product. The finished product can be in the form of roll form laminate that is directly sold to the customers or further converted into pouches. It has been submitted that Parties are engaged in the capacity of “converters” who print, laminate, split and pouch the films to convert them into flexible packaging materials such as bags, pouches, wraps, rolls and laminates, which are then sold to manufacturers of all kinds of consumer goods across various industries such as food and beverages, healthcare, home and personal care, hygiene and others (textiles, etc.).
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Combination Registration No. C-2023/02/1003
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3 issues framed by the court
Whether the proposed combination of S.B. Packagings Private Limited and Constantia Flexibles Sales B.V. is likely to have an appreciable adverse effect on competition in India.
Whether the Commission should approve the proposed combination under Section 31(1) of the Competition Act, 2002 based on the assessment of factors under Section 20(4).
Whether the combining parties enjoy market shares not exceeding 10% in any relevant market and pose no significant foreclosure concerns.
4 provisions across 1 enactments
Competition Commission of India
S.B. Packagings Private Limited
Constantia Flexibles Sales B.V.
Sangeeta Verma
Bhagwant Singh Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
