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India – CCI Approves Ushdev Windpark’s Acquisition Of The Wind Power Projects Business Of Gupta Coal.

12 November, 2013

 

 

On October 3, 2013, CCI approved the proposed acquisition by Ushdev Windpark Private Limited (‘Ushdev Windpark’) of Gupta Coal India Private Limited’s (‘Gupta Coal’) 14.4 MW operational wind power projects business that comprises wind power generation units in the States of Maharashtra and Rajasthan. As per the scheme of amalgamation filed before the Nagpur bench of the High Court of Bombay, Gupta Coal will be merged with its group company, Gupta Infrastructure India Private Limited (‘GIIPL’).


Ushdev Windpark is in the business of generation and sale of wind power in the state of Tamil Nadu, and its parent company, Ushdev Power Holdings Private Limited, is in a similar line of business in the States of Maharashtra, Tamil Nadu, Karnataka, Gujarat and Rajasthan. Gupta Coal is engaged in the trade of indigenous and imported coal, and generation and sale of wind power. Gupta Coal’s windmills are located in the States of Rajasthan and Maharashtra, and its parent company, GIIPL, is in the business of construction, development and management of infrastructure and real estate.


While making its assessment, CCI noted that the wind power business in India is characterized by the presence of a large number of players, some of whom have significant installed wind power generation capacities. Further, CCI observed that post the proposed acquisition, the market share of Ushdev Windpark and it subsidiaries will remain small both in Maharashtra and Rajasthan, as well as at an all-India level. Moreover, post the transaction, Gupta Coal and GIIPL will cease to be in the business of generation and sale of wind power.


On this basis, CCI approved the proposed acquisition as being unlikely to raise any appreciable adverse effect on competition in India.

 

AZB 

For further information, please contact Zia Mody, AZB & Partners 
zia.mody@azbpartners.com


Darshika Kothari, AZB & Partners 
darshika.kothari@azbpartners.com

 

Ajay Bahl, AZB & Partners 
ajay.bahl@azbpartners.com

 

Anil Kasturi, AZB & Partners
anil.kasturi@azbpartners.com


Srinath Dasari, AZB & Partners 
srinath.dasari@azbpartners.com

 

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