Tuesday, June 2, 2015

Tesco and Trent Combination: Gun Jumping



Tesco and Trent Combination: Gun Jumping 
Tesco said that the intention to acquire was clear as far back as 17 December 2013. Tesco had sought the approval of the DIPP and FIPB for the proposal to acquire fifty percent of the issued and paid up equity share capital of THL and that the said application inter-alia mentioned that the proposed investment by Tesco will include subscription of equity shares of THL and acquisition of existing equity shares of THL from Trent the claim of the Acquirer that no intention or decision to acquire was formed by Tesco at the time of making the application to the DIPP and FIPB is not correct.”
“The Acquirer’s claim that had the notice been filed with the Commission without executing the definitive agreement (s), it would have been incomplete as being without the relevant documents/details, is also misconceived as the Acquirer in its application to the DIPP/FIPB on 17th December 2013 had provided enough details of the proposed combination which demonstrate that the parties were aware about the type, nature and purpose of the proposed combination at the time of making the said application.” CCI imposed Rs. three Crore fine on Tesco.
In terms of Section 43A of the Act, if any person or enterprise fails to give notice under sub-section (2) of Section 6 of the Act, the Commission shall impose on such person or enterprise a penalty which may extend to one per cent of the total turnover or the assets, whichever is higher, of such a combination. Therefore, under the provisions

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