Law: Competition Act, 2010

Section: 2

Competition Ordinance (XVI of 2010)---Ss. 2(e) & 11--- Competition (Merger Control) Regulations, 2007, Regln. 6---Approval for merger of companies---Application for---Company 'V' through its Legal Advisor, submitted a pre-merger application regarding the proposed acquisition of other company 'W'---Such transaction would involve an amalgamation of two leading international telecommunication groups, 'V' and 'W', which would create the world's sixth largest telecommunication carrier measured by the number of subscribers---Acquisition of 'W' by 'V' would result in indirect change of control of 'O' company and its subscribers in Pakistan---Such transaction would involve proposed acquisition of the entire capital of 'W' by 'V'---Once transaction was consummated, 'V' would have sole control of 'W'---Such transaction had a potential to impact competition in the relevant product market comprising the provision of mobile telecommunication service in Pakistan---Competition Commission of Pakistan, in circumstances, initiated inquiry, wherein the Bench raised concerns regarding potential impact on competition in the relevant market through coordinated effects and/or strengthening or creating of a (joint) dominant position---Counsel of parties, having understood the concern of the Commission, proposed and committed to implement and the Bench agreed to grant its 'No Objection' based on commitments given by the parties to alleviate competition concerns---Commission would reserve the right to assess the effects of the transaction on the relevant market after one year from the date of the closing of the transaction under subsection (13) of S.11 of Competition Ordinance, 2010---Applicant would file a compliance report within three months from the date of closing of the transaction. ORDER 1. VimpelCom Ltd. ("VimpelCom"), through its legal advisors, Orr, Dignam & Company, submitted a pre-merger application pursuant to section 11 of the Competition Act 2010 (hereinafter the "Act"), dated 28 January, 2011 regarding the proposed acquisition of Wind Telecom S.p.A. (formerly Weather Investments S.p.A.), an Italian private company ("Wind Telecom"). The target Wind Telecom…

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