Platinum Poppy C 2024 Rsc Limited
Case brief
What is this about?
The Competition Commission of India approved a proposed combination involving pharmaceutical companies. The Commission found that horizontal market shares were negligible (0-5%) and vertical linkages would not lead to foreclosure. Consequently, it opined the combination was not likely to cause appreciable adverse effect on competition.
What did the court decide?
Approval granted to the proposed combination under Section 31(1) of the Competition Act, 2002.
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.
18th July 2024
COMPETITION COMMISSION OF INDIA
Combination Registration No. C-2024/05/1147
Notice under Section 6(2) of the Competition Act, 2002 given by Platinum Poppy C 2024 RSC Limited
CORAM:
Ms. Ravneet Kaur Chairperson Mr. Anil Agrawal Member
Mr. Deepak Anurag Member
Order under Section 31(1) of the Competition Act, 2002
- On 16th May 2024, the Competition Commission of India (‘ Commission ’) received a notice (‘ Notice ’) under sub-section (2) of Section 6 of the Competition Act, 2002 (‘ Act ’) given by Platinum Poppy C 2024 RSC Limited (‘ Platinum Poppy ’/ ‘ Acquirer ’). The Notice was filed pursuant to the execution of various documents including the Share Subscription Agreement between Platinum Poppy and Berhyanda Midco Limited (‘ Berhyanda Midco ’) and Share Subscription Agreement between Platinum Poppy and Berhyanda Limited (‘ Berhyanda ’), both dated 2nd March 2024 [Hereinafter, Berhyanda and Berhyanda MidCo are collectively referred to as the ‘ Targets ’, and Acquirer and Targets are collectively referred to as the ‘ Parties ’].
Issues for consideration
2 issues framed by the court
Whether the proposed combination between Platinum Poppy C 2024 RSC Limited, Berhyanda Limited, Berhyanda Midco, Intas Pharmaceuticals Ltd, and Advent International entities is likely to cause apprecia
Whether the analysis of horizontal and vertical overlaps and market share increments was sufficient to conclude the combination does not raise competition concerns under the Competition Act, 2002.
Parties & counsel
- respondent
Competition Commission of India
Coram
Ravneet Kaur
Anil Agrawal
Deepak Anurag
Case details
As recorded by the court registry
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