1. Diliigent Power Private Limited 2. Db Power Limited
Case brief
What is this about?
The Competition Commission of India approved a proposed combination involving merger, share buyback, and subscription by power and real estate firms. The Commission found no appreciable adverse effect on competition despite a vertical interface, noting minimal foreclosure risk due to capacity differences.
What did the court decide?
The Proposed Combination is approved under Section 31(1) of the Act as it is not likely to have an appreciable adverse effect on competition in India.
What the court decided
COMPETITION COMMISSION OF INDIA
Combination Registration No. C-2024/09/1188
29th October 2024
Notice under Section 6(2) of the Competition Act, 2002 jointly given by Diliigent Power Private Limited, DB Power Limited, Decore Thermal Power Private Limited, and Writers and Publishers Private Limited
CORAM:
Ms. Ravneet Kaur Chairperson
Mr. Anil Agrawal Member
Ms. Sweta Kakkad Member
Order under Section 31(1) of the Competition Act, 2002
- On 25th September 2024, the Competition Commission of India ( Commission ) received a notice ( Notice ), under sub-section (2) of Section 6 of the Competition Act, 2002 ( Act ), jointly given by Diliigent Power Private Limited ( Diliigent Power ), DB Power Limited ( DB Power ), Decore Thermal Power Private Limited ( Decore Power ), and Writers and Publishers Private Limited ( Writers and Publishers ). The Notice has been given pursuant to the execution of the Transaction Framework and Cooperation Agreement amongst Diliigent Power, DB Power, Decore Power, DB Power (Madhya Pradesh) Limited ( DB Power Madhya Pradesh ), Willowbay Investment Limited ( WIL ), AIRRO (Mauritius) Holdings IX ( AIRRO Mauritius ), AIRRO II Singapore
Issues for consideration
3 issues framed by the court
Whether the Proposed Combination of merger, buyback, share purchase, and subscription is likely to have an appreciable adverse effect on competition in India.
Whether the vertical interface between DB Malls and DB Power creates foreclosure concerns given the supply capacity disparity.
Whether the notifying parties' submissions satisfy the assessment factors under Section 20(4) of the Competition Act, 2002.
Parties & counsel
- other
COMPETITION COMMISSION OF INDIA
- petitioner
Diliigent Power Private Limited
- petitioner
DB Power Limited
- petitioner
Decore Thermal Power Private Limited
- petitioner
Writers and Publishers Private Limited
Case details
As recorded by the court registry
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