Notice given by Wipro GE Healthcare Private Limited and GE India Technology Centre Private Limited. — Combination C-2014/07/195

1. On 28.07.2014, the Competition Commission of India (hereinafter referred to as the “Commission”) received a notice under sub-section (2) of Section 6 of the Competition Act, 2002 (hereinafter referred to as the “Act”) given by Wipro GE Healthcare Private Limited (hereinafter referred to as the “Wipro GE”) and GE India Technology Centre Private Limited (hereinafter referred to “GEITC”) (hereinafter Wipro GE and GEITC collectively referred to as the “Parties”). The notice has been given pursuant to execution of an Asset Purchase Agreement (hereinafter referred to as “APA”) entered into between Wipro GE and GEITC on 07.07.2014.

2. The proposed combination relates to the acquisition of assets of GEITC used in the research areas of bio-technology and life sciences by Wipro GE on the terms and conditions as given in the APA. The proposed combination falls under Section 5(a) of the Act.

3. Wipro GE, a company incorporated in India and a joint venture between Wipro Limited and General Electric Company (hereinafter referred to as “GE”), is inter-alia engaged in manufacturing and distributing a variety of medical equipment and solutions, such as advanced visualization, anaesthesia delivery, diagnostic ECG etc. including the sale and distribution of life sciences equipment and devices used by the pharmaceutical and biotech companies.

4. GEITC, a company incorporated in India and a group company of GE, is inter alia, engaged in the business of multi-disciplinary research and COMPETITION COMMISSION OF INDIA For Greater Good development in the areas of material science and process technology like mechanical engineering, metallurgy, electronic and electrical system technology, including bio-technology and life sciences and providing engineering analysis and related software and application development.

5. As stated in the notice, GEITC and Wipro GE are engaged in separate business activities. While Wipro GE is engaged in manufacturing and distributing a variety of medical equipment and solutions as well as distribution and sale of life sciences equipment and devices; GEITC is engaged in multi-disciplinary research and development in various technologies including bio-technology. Further, as stated above, the proposed combination involves acquisition of assets of GEITC used in research areas of bio-technology and life sciences, by Wipro GE. Accordingly, it is observed that there is no horizontal overlap between the businesses of Wipro GE and GEITC.

6. Further, as stated in the notice, the proposed combination would facilitate vertical integration of the businesses of Wipro GE as it would enable Wipro GE to sell equipment as well as provide related research and other support services in biotech and life-sciences areas. It is also observed that GEITC renders hundred per cent of its services to the affiliates of GE group across the world, including India. Therefore, this vertical integration is unlikely to result in any appreciable adverse effect on competition.

7. Considering the facts on record and the details provided in the notice given under sub-section (2) of Section 6 of the Act and the assessment of the combination after considering the relevant factors mentioned in sub-section (4) of Section 20 of the Act, the Commission is of the opinion that the proposed combination is not likely to have appreciable adverse effect on competition in India and therefore, the Commission hereby approves the proposed combination under sub-section (1) of Section 31 of the Act.

8. This approval is without prejudice to any other legal/statutory obligation as applicable.

COMPETITION COMMISSION OF INDIA For Greater Good

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

10. The Secretary is directed to communicate to the Parties accordingly.