Jun 07, 2018

CCI Approves Acquisition of Brahmani River Pellets Limited by Thriveni Pellets Private Limited, JSW Techno Projects Management Limited and Mitsun Steels Private Limited

On January 22, 2018, CCI approved the acquisition of 100% equity shares of Brahmani River Pellets Limited (‘BRPL’) from its holding company, Aryan Mining and Trading Corporation Private Limited (‘AMTC’) by Thriveni Pellets Private Limited (‘TPPL’), JSW Techno Projects Management Limited (‘JTPML’) and Mitsun Steels Private Limited (‘MSPL’) in such a manner that TPPL and JTPML each would acquire 49% and MSPL would acquire 2% of BRPL’s shares. TPPL would be responsible for the day-to-day operation and management of BRPL.[1]TPPL is a subsidiary of Thriveni Earthmovers Private Limited (‘TEMPL’), which is engaged in the business of providing mining services and has mining operations relating to iron-ore, bauxite, barite, copper, coal, graphite, etc. Post the proposed combination, TPPL will be engaged in selling pellets produced by BRPL. JTPML is owned by the Sajjan Jindal family trust and is a part of the JSW group. JTPML is engaged in project management consultancy services, strategic investments and manufacture of industrial gases. MSPL is a distributor and dealer of various steel and structural products. BRPL is a wholly owned subsidiary of AMTC and is engaged in the business of producing and selling iron ore pellets. BRPL exports a majority of its production of iron ore pellets.CCI noted that TPPL, JTPML, MSPL and BRPL are not engaged in the production and distribution of similar products. It also noted that JSW’s group entities are engaged in the production of iron ore pellets which are used for captive consumption only. CCI further acknowledged the potential vertical relationship between BRPL and JTPML where JTPML may supply BRPL’s iron ore pellets to JSW Steel Limited. However, after taking note of the total capacity and the actual production of iron ore pellets in India, CCI observed that the market share of BRPL is unlikely to raise any competition concerns in the market for iron ore pellets in India because of the presence of other significant players. In view of the absence of any competition concerns, CCI decided to leave the market definition open and passed an order approving the combination.[1] Combination Registration No. C-2017/12/539.

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