a)The Tesco Overseas Investments Limited (‘TOIL’)gave notice to Commission relating to proposed acquisition of 50 per cent of issued and paid-up equity share capital of Trent Hypermarket Limited (‘THL’).
b)The proposed combination related to retail business in India which comprised both organized and un-organized retailing.
c)It was found that some of large players who had been operating in organized retail market in India were Reliance Retail, Future Retail, Spencer's retail, Bharti Retail, Aditya Birla's 'More', Shoppers Stop, etc.
d)Additionally, due to increased internet penetration and changing lifestyles, Indian retail market had also witnessed a surge in online retailers which had widened the choice for consumers.
e)‘THL’ operated only 16 retail stores across various locations in India. Its total revenue was insignificant as compared to size of overall retail market as well as organized retail market in India.
The Competition Commission of India held as under:
1)It was observed that while ‘THL’ was engaged in business of multi-format retail trading in India, including hypermarkets, supermarkets and smaller convenience stores, ‘TOIL’ was not present in retail market in India and, therefore, there was no horizontal overlap between business activities of ‘THL’ and ‘TOIL’ in retail market in India.
2)On facts, combination was not likely to have appreciable adverse effect on competition in India and, therefore, same was to be approved– Tesco Overseas Investments Ltd., In re  47 taxmann.com 261 (CCI)