Dutch Contact Centers (DCC) B.V., The Netherlands — Combination C-2018/07/585

1. On 13.07.2018, the Competition Commission of India (“Commission”) received a notice given by Dutch Contact Centers (DCC) B.V. (“Acquirer”) for acquisition of 100 per cent of the equity share capital of each of Intelenet BPO Holdings Private Limited (“IBHPL”) and Intelenet Global Services Private Limited (“IGSPL”) (IBHPL and IGSPL are collectively referred to as “Targets”), under Section 6(2) of the Competition Act, 2002 (“Act”). The notice was filed pursuant to execution of the Share Purchase Agreement on 14.06.2018 (“SPA”) between the Acquirer and Indianet Bidco Pte. Ltd. (“Seller”) (Hereinafter, Acquirer and Targets are collectively referred to as “Parties”). The Acquirer also made certain additional submissions on 03.08.2018.

2. The proposed combination contemplates acquisition of 100 per cent equity share capital of IBHPL and IGSPL by the Acquirer, in part directly and in part through its newly incorporated subsidiary in India i.e. Teleperformance Services India Private Limited, from the Seller. Additionally, the Acquirer will also acquire group debentures and group loans (i.e. amounts owed by the Targets (including their subsidiaries) to the Seller, and includes dividends or other distributions payable but not yet paid) (hereinafter, referred to as the “Proposed Combination”).

3. The Acquirer is an indirect wholly owned subsidiary of Teleperformance SE (“TP”), the ultimate parent company of the Teleperformance group (“TP Group”). The TP Group is present in India through (i) CRM Services India Private Ltd and (ii) Teleperformance India Private Limited. It has been further submitted that TP India is not engaged in any business activity in India or outside of India. However, CRM India is engaged in providing information technology and information technology enabled services (“IT & ITeS”), particularly Business Process Outsourcing (“BPO”) services in India such as call centre and contract centre services, and customer services via voice, e-mail, chat, social media, back office, etc.

4. The Targets are directly and indirectly owned by the Seller, which is wholly owned and controlled by the Blackstone Group, a private equity firm, headquartered, in the United States of America. The Targets stated to be engaged in the provision of IT & ITeS services and within the IT & ITeS services, the Targets provide IT enabled services, namely, BPO services and/or ITO services, such as call centre and contract centre services, back office processing, etc., in India.

5. As per the information provided by the Acquirer, in India, the activities of the Parties overlap in the business for provision of (a) IT & ITeS, at the broader level; and (b) BPO services, at a narrower level. In both the aforesaid business segments, the market share of the Parties is insignificant and therefore, the Commission decided that the delineation of the relevant market may be left open.

6. Considering the facts on record, details provided in the notice given under sub-section (2) of Section 6 of the Act and an assessment of the Proposed Combination on the basis of factors stated in Section 20(4) of the Act, the Commission is of the opinion that the Proposed Combination is not likely to have an appreciable adverse effect on competition in India. Therefore, the Commission approves the Proposed Combination under sub-section (1) of Section 31 of the Act.

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7. This order shall stand revoked if, at any time, information provided by the Acquirer is found to be incorrect.

8. The information provided by the Acquirer is confidential at this stage, in terms of and subject to provisions of Section 57 of the Act.

9. The Secretary is directed to communicate to the Acquirer accordingly.

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