Competition Commission of India (CCI)

Competition Commission of India (CCI) An Act to provide, keeping in view of the economic development of the country. CCI consists of a Chairperson and 6 Members appointed by the Central Government.

The objectives of the Act are sought to be achieved through the Competition Commission of India (CCI), which has been established by the Central Government with effect from 14th October 2003. It is the duty of the Commission to eliminate practices having adverse effect on competition, promote and sustain competition, protect the interests of consumers and ensure freedom of trade in the markets of

India. The Commission is also required to give opinion on competition issues on a reference received from a statutory authority established under any law and to undertake competition advocacy, create public awareness and impart training on competition issues

21/04/2013

CCI clears Dell buyout proposal 16/04/2013

The Competition Commission of India (CCI) has approved a proposed buyout of US-based global computing giant Dell Inc by its founder and chief Michael Dell, saying....

"It is observed that the proposed combination, which concerns the market for IT hardware and peripheral equipment as well as the market for IT services/solutions, only involves a change in the ownership and control of Dell, with MSD and Silver Lake acquiring the indirect control of it. MSD, as an individual, has no business in India and notwithstanding that certain business activities of some portfolio companies controlled by Silver Lake in India, could have horizontal overlap as well as a vertical relationship with the business activities of Dell in India, it is observed that the revenue generated by these portfolio companies controlled by Silver Lake, from the said business activities in India, is insignificant. The market for IT hardware and peripheral equipment’s and IT services in India is also considered to be competitive with presence of a large number of players and insignificant entry barriers. In view of the foregoing, the proposed combination is not likely to give rise to any appreciable adverse effect on competition in India."

Copy of the Order here:http://www.cci.gov.in/May2011/OrderOfCommission/CombinationOrders/C-2013-03-112.pdf

05/04/2013

Just In

CCI amends its Combination Regulations

No filing requirement if the acquisition is less than 5% of the shares or voting rights of the company in a financial year where the acquirer already holds more than 25% but less than 50% of the shares or voting rights of the company.

No notice required for mergers/amalgamations where one of the enterprises has more than 50% shares or voting rights of the other

No notice required for intragrp mergers/amalgamations in which >50% shares or voting rights held by enterprise(s) within the same group.

CCI clarifies notice requirement for intra-group acquisitions. Relaxation would not apply where acquired enterprise is jointly controlled.

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