Dsv Holding Germany GmbH
Case brief
What is this about?
The Competition Commission of India approved the proposed acquisition of 100% of Schenker Aktiengesellschaft by DSV Holding Germany GmbH. The Commission assessed that the combined market shares were between 0-5% and that other players would impose competitive constraints, leading to the conclusion that there would be no appreciable adverse effect on competition.
What did the court decide?
The Commission approved 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.
COMPETITION COMMISSION OF INDIA Combination Registration No.C-2024/10/1192
12th November 2024
Notice under Section 6(2) of the Competition Act, 2002 filed by DSV Holding Germany GmbH
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 04th October 2024, the Competition Commission of India ( Commission ) received a notice under sub-section (2) of Section 6 of the Competition Act, 2002 ( Act ) filed by DSV Holding Germany GmbH ( DSV Germany/Acquirer ) pursuant to the Sale and Purchase Agreement dated 13th September 2024 ( SPA ) entered into amongst DSV Germany, DSV A/S, and Deutsche Bahn Aktiengesellschaft ( Seller ).
Issues for consideration
3 issues framed by the court
Whether the proposed acquisition of 100% shares in Schenker by DSV Holding Germany GmbH would cause appreciable adverse effect on competition in India.
Whether the relevant market delineation affects the assessment of the Combined Market Share of the applicant and the target.
Whether the Proposed Combination is likely to have an appreciable adverse effect on competition considering the factors in Section 20(4) of the Competition Act, 2002.
Parties & counsel
- other
Competiton Commission of India
- applicant
DSV Holding Germany GmbH
Coram
Ravneet Kaur
Case details
As recorded by the court registry
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