Wednesday, February 5, 2014

CCI approves of combination of two banks as resultant business would have insignificant impact on competition

Proposed combination was to be approved when presence of acquirer in mortgage and banking business in India after proposed combination was insignificant and same did not have any appreciable adverse effect on competition.
a)  A notice was given under section 6 of the Competition Act, 2002 (‘the Act’) to the Commission for the proposed combination relating to the acquisition by Ratnakar bank of the 'Relevant Business' of RBS, which included credit card business, mortgage portfolio business and banking business, pursuant to the Master Sale & Purchase Agreement;
b)  Mortgage portfolio included housing loans and loans against property and banking business' includes providing small and medium sized enterprises with high end products and services.
The Competition Commission of India held as under:
1)  Both Ratnakar Bank and RBS have a relatively small number of branches operating in India. They provide banking and financial services in India;
2)  After the proposed combination comes into effect, RBS would exit the credit card business, mortgage portfolio and business banking segment;
3)  The Ratnakar Bank has no presence in the credit card business. Its presence in the mortgage and banking business in India would be insignificant after the proposed combination;
4)  Thus, the proposed combination was not likely to have an appreciable adverse effect on competition in India and, therefore, it was to be approved under sub-section (1) of section31 of the Act -  Ratnakar Bank Ltd., In re [2014] 41 331 (CCI)