Hewlett Packard Enterprise Company
Case brief
What is this about?
The Competition Commission of India approved the proposed acquisition of Juniper Networks by Hewlett Packard Enterprise Company. The Commission assessed horizontal overlaps in networking products, noting moderate concentration changes and the presence of significant competitors like Cisco. It found the combination unlikely to cause appreciable adverse effect on competition (AAEC) in India.
What did the court decide?
The proposed combination involving the acquisition of Juniper Networks by HPE is approved 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.
COMPETITION COMMISSION OF INDIA Combination Registration No. C-2024/05/1153
14th August 2024
Notice under Section 6(2) of the Competition Act, 2002 given by Hewlett Packard Enterprise Company
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 22nd May 2024, the Competition Commission of India ( Commission ) received a Notice under Section 6(2) of the Competition Act, 2002 ( Act ), given by Hewlett Packard Enterprise Company ( HPE / Acquirer ).
- The proposed combination involves acquisition by HPE of 100% of the outstanding shares of, and sole control over, Juniper Networks, Inc. ( Juniper / Target ) ( Proposed Combination ) (hereinafter HPE and Juniper are collectively referred to as the ‘ Parties ’). As submitted, the Proposed Combination is to be carried out by way of a reverse triangular merger through which Jasmine Acquisition Sub, Inc. ( Merger Sub ) (which is currently a
Issues for consideration
3 issues framed by the court
Whether the proposed acquisition by Hewlett Packard Enterprise Company of both Juniper Networks will cause Appreciable Adverse Effect on Competition in India.
Whether the combination results in horizontal overlaps or conglomerate effects that restrain competition in networking segments.
Whether the proposed combination is likely to cause elimination of close competitor or raise entry barriers in the relevant markets.
Parties & counsel
- applicant
Hewlett Packard Enterprise Company
- applicant
Juniper Networks, Inc.
Coram
Ravneet Kaur
Case details
As recorded by the court registry
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