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The CCI<\/a> permission is needed as both companies have access to large amounts of customer data through their presence in the mobility segment, in addition to their large assets and turnover, said the persons. It will be the acquirer — Google — which will file for approval and the process could start within the next two weeks.
“Athough the stake is less than 10%, it will still need the regulator’s approval. These are two large companies which are big players in their sector. This is both a strategic and financial investment,” said one of the persons. Government officials too said the transaction required the competition watchdog's approval. Jio and Google did not respond to ET's queries.
Threshold Limit<\/strong>
While announcing their deal last week, Google and Reliance had said the investment would need regulatory approval but didn’t specify the need for a CCI clearance, like had been done at the time of the Facebook<\/a> announcement. The two had also not mentioned about Google getting a seat on Jio Platforms board.
Ashish Pyasi, associate partner, Dhir and Dhir Associates, said that as per the provisions of the Competition Act, 2002, if the turnover and the value of assets both in India and in foreign countries cross a threshold limit, then approval from the competition regulator must be taken.
According to the guidelines, if either party has turnover or assets outside India, with combined asset value of $750 million and combined turnover of $2.25 billion, CCI has to approve the transaction. The regulator also looks into cases where the Indian firm has an asset value of Rs 750 crore and turnover of Rs 2,250 crore.
“In the present case, the threshold limit will be crossed, therefore approval from the commission will be required,” he added. US social media giant Facebook, which bought a 9.99% stake for Rs 43,574 crore, had also sought CCI approval, which they received on June 24<\/a>, just over two months after the deal was announced.
“On the premise that thresholds are crossed, even though Google’s shareholding would be less than 10%, it is highly likely that this deal would require a CCI approval as benefit of the exemptions under the Combination Regulations may not be available,” said Kanika Chaudhary Nayar, partner, L&L Partners Law Offices.
“This wouldn’t constitute an acquisition made solely for the purposes of investment and it is likely that Google would have an appointee on the board and\/or have rights greater than those of an ordinary shareholder,” Nayar added. Besides the funding, Google and Jio also entered into a commercial agreement to jointly develop entry-level Andriod smartphones that could even support 5G at a later stage. These are targeted at the 350 million feature phone users in India.
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- Telecom乐动扑克News
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谷歌寻求CCI点头Jio股份购买的平台
美国互联网巨头谷歌很快就会寻求批准,印度的竞争委员会(CCI)₹33737卢比的投资Jio平台7.73%的股权,知情人士说。像它的主要竞争对手Facebook, Google就将获得一个董事席位Jio平台一旦交易获得监管机构的批准。
读到
的CCI许可是必需的,这两家公司获得大量的客户数据通过在流动段的存在,除了大量的资产和营业额,人说。这将是收购者——谷歌——文件审批和过程可能会在未来两个星期。
“虽然持股比例小于10%时,它仍然需要监管机构的批准。这是两个大公司,大公司在他们的部门。这既是一个战略和金融投资,”其中一人表示。政府官员也表示事务需要竞争监管机构的批准。Jio和谷歌没有回应等的查询。
阈值限制
虽然上周宣布的协议,谷歌和信实表示,投资需要监管部门的批准,但没有指定需要CCI间隙,像被完成的时候脸谱网公告。两人也没有提到谷歌Jio平台上获得一个席位。
阿施施Pyasi、副合伙人和迪尔Associates迪尔说,根据竞争法的规定,2002年,如果营业额和资产的价值都在印度和国外交叉阈值限制,然后必须采取竞争监管机构的批准。
根据准则,如果任何一方有营业额或印度以外的资产,总资产价值7.5亿美元,总营业额为22.5亿美元,CCI批准了这项交易。监管机构也看着的情况下印度公司的资产价值750卢比,营业额2250卢比。
“在目前的情况下,阈值限制将交叉,因此需要委员会的批准,”他补充道。美国社交媒体巨头Facebook,这对43574卢比买了9.99%的股份,也寻求CCI批准,他们在6月24日收到交易宣布后,超过两个月。
”的前提下阈值交叉,尽管谷歌的股权将低于10%,这极有可能交易需要CCI的批准免税的好处下组合规定可能不可用,“Kanika Chaudhary纳亚尔说,伙伴,L&L合伙人律师事务所。
“这不会构成一个收购了专为投资和谷歌很可能会有任命董事会和/或有权利高于普通股东的“纳亚尔补充道。除了资金之外,谷歌和Jio也进入了商业协议,共同开发入门级Andriod智能手机,甚至可以支持5 g在稍后的阶段。这些都是针对印度的3.5亿个功能手机用户。
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