Acquiror 10VB8 Llc
Case brief
What is this about?
The Competition Commission of India examined a proposed acquisition of Kellanova by Acquiror 10VB8 LLC, a subsidiary of Mars. Finding no significant market overlap or competition concerns in the Indian snacks segment, the Commission approved the combination under Section 31(1) of the Competition Act, 2002.
What did the court decide?
Proposed Combination between Acquiror and Kellanova approved under Section 31(1).
What the court decided
COMPETITION COMMISSION OF INDIA
Combination Registration No. C-2024/11/1212
31st December 2024
Notice under Section 6(2) of the Competition Act, 2002 given by Acquiror 10VB8 LLC
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 November 2024, the Competition Commission of India ( Commission ) received a Notice under Section 6(2) of the Competition Act, 2002 ( Act ) given by Acquiror 10VB8 LLC ( Acquiror / Acquirer ). The Notice was filed pursuant to the execution of (i) Agreement and Plan of Merger, dated 13th August 2024, executed by and amongst Kellanova, Acquirer, Merger Sub 10VB8 LLC ( Merger Sub ) and Mars Incorporated ( Mars ) and (ii) Three separate Voting Agreements, dated 13th August 2024, executed by Acquirer with (a) W.K. Kellog Foundation Trust, (b) KeyBank National Association, and (c) certain Stockholders of Kellanova1 .
Issues for consideration
2 issues framed by the court
Whether the proposed the acquisition of Kellanova by Acquiror 10VB8 LLC is likely to cause appreciable adverse effect on competition in India.
Assessment of horizontal market overlap in the snacks segment for the proposed combination.
Parties & counsel
- other
Competition Commission of India
- applicant
Acquiror 10VB8 LLC
- other
Mars Incorporated
- other
Kellanova
Coram
Case details
As recorded by the court registry
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