IN RE: MICROSOFT CORPORATION Vs. STATE

JUDGEMENT

(1.) ON 3rd October, 2013, the Competition Commission of India (hereinafter referred to as the "Commission") received a notice relating to a proposed combination under sub -section (2) of Section 6 of the Competition Act, 2002 (hereinafter referred to as the "Act") given by Microsoft and Microsoft International (hereinafter collectively also referred to as the "Acquirers"). The proposed combination relates to the acquisition, by Microsoft Corporation and Microsoft International, a wholly owned subsidiary of Microsoft, of the Devices and Services (hereinafter also referred to as D & S") Business of Nokia Corporation (hereinafter referred to as "Nokia") and related arrangements. The said notice was given pursuant to a Purchase Agreement, dated 2nd September, 2013, entered into between Microsoft International and Nokia and other documents/agreements executed in relation to the proposed combination.

(2.) AS stated in the notice, in terms of the Purchase Agreement, Microsoft will acquire substantially the entire D & S business of Nokia, which includes the mobile phones and smart devices business units, as well as industry design team, operations including D & S production facilities, D & S related sales and marketing activities, support functions, and design patents of the devices produced by the D & S business.

(3.) IN terms of Regulation 14 of the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011 ("Combination Regulations"), on 15th October, 2013, the Acquirers were required to remove certain defects and provide information/documents). The reply of the Acquirers was received on 21st October, 2013.