Abu Dhabi Ports Company Pjsc
Case brief
What is this about?
The Competition Commission of India approved a proposed combination involving the acquisition of up to 71% of Delanord Investments Limited. The Commission found no appreciable adverse effect on competition in relevant markets despite identified horizontal and vertical overlaps.
What did the court decide?
Approved the proposed combination in terms of Section 31(1) of the Act.
What the court decided
COMPETITION COMMISSION OF INDIA Combination Registration No. C-2023/10/1057
29th November 2023
Notice under Section 6(2) of the Competition Act, 2002 given by Abu Dhabi Ports Company PJSC
CORAM:
Ms. Ravneet Kaur Chairperson Mr. Anil Agrawal Member Ms. Sweta Kakkad Member Mr. Deepak Anurag Member
Order under Section 31(1) of the Competition Act, 2002
- On 3rd October 2023, the Competition Commission of India ( Commission ) received a notice ( Notice ) under Section 6(2) of the Competition Act, 2002 ( Act ), given by Abu Dhabi Ports Company PJSC ( Acquirer ). The Notice was given pursuant to the execution of the Share Purchase Agreement between Mr. M. G. Maghami and others (collectively, Sellers ) and the Acquirer on 2nd November 2022.
- The Commission, vide its communications dated 19th October 2023 and 2nd November 2023, issued under Regulation 14(3) of the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011 ( Combination Regulations ), required the Acquirer to remove defects from the Notice and furnish certain information relevant for assessment of the proposed combination. The Acquirer furnished its responses, vide submissions dated 31st October 2023, 1st November 2023 and 8th November 2023. The Acquirer also made submissions dated 21st November 2023 and 24th November 2023.
Issues for consideration
2 issues framed by the court
Whether the proposed combination by Abu Dhabi Ports Company PJSC in Delanord Investments Limited is liable to have an appreciable adverse effect on competition.
Whether the Commission needs to precisely delineate the relevant geographic market given the assessment of market shares and volume handled.
Parties & counsel
- applicant
Abu Dhabi Ports Company PJSC
Coram
Ms. Ravneet Kaur
Mr. Anil Agrawal
Ms. Sweta Kakkad
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court