Starcin Holding France Sas
Case brief
What is this about?
The Competition Commission of India approved a proposed acquisition of Fosroc Top One, Two, and Supply by Starcin Holding France SAS. The Commission found no horizontal or vertical overlaps causing appreciable adverse effect on competition based on assessed market shares.
What did the court decide?
The Proposed Combination is approved under Section 31(1) of the Act.
What the court decided
COMPETITION COMMISSION OF INDIA
Combination Registration No. C-2024/10/1190
26th November 2024
Notice under Section 6(2) of the Competition Act, 2002 given by Starcin Holding France SAS
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 1st October 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 Starcin Holding France SAS (‘ Acquirer ’ / ‘ Starcin ’). The Notice was filed pursuant to the execution of the Sale and Purchase Agreement dated 26th June 2024 amongst Starcin, Fosroc Group Holdings Limited (‘ Fosroc ’ / ‘ Seller ’) and JMH FZE.
- The Proposed Combination envisages the acquisition of 100% of the issued shares of Fosroc Top One Limited (‘ Fosroc Top One ’), Fosroc Top Two Limited (‘ Fosroc Top Two’ ) and Fosroc Supply FZE (‘ Fosroc Supply ’) [hereinafter, collectively referred to as the ‘ Target Companies ’] by Starcin, an indirect wholly-owned subsidiary of
Issues for consideration
3 issues framed by the court
Whether the proposed acquisition of Fosroc Top One, Fosroc Top Two, and Fosroc Supply by Starcin is likely to cause appreciable adverse effect on competition in India.
Whether the incremental market share below the material thresholds indicates a lack of competition concerns.
Whether the Commission can approve the combination under Section 31(1) of the Competition Act, 2002.
Parties & counsel
- applicant
Starcin Holding France SAS
- other
Fosroc Group Holdings Limited
Coram
Ms. Ravneet Kaur
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court