CCI approves internal restructuring of IBM under Green Channel Route



Quick Summary
The Competition Commission of India (CCI) has given its approval under the Green Channel route for the internal restructuring of IBM Corporation. This restructuring involves spinning off IBM's global Managed Infrastructure Services (MIS) Business into a new public company. The new entities, Kyndryl Holdings LLC and Grand Ocean Managed Infrastructure Services Private Limited, will house and operate this business post-transaction.

Deemed approval given under Green Channel to Kyndryl Holdings LLC and Grand Ocean Managed Infrastructure Services Private Limited for internal restructuring of IBM Corporation

The Competition Commission of India (CCI) receives notice under Green Channel filed by Kyndryl Holdings LLC and Grand Ocean Managed Infrastructure Services Private Limited in relation to internal restructuring of IBM Corporation, and is deemed approved.

IBM Restructuring Approved by CCI via Green Channel

International Business Machines Corporation (IBM Corporation/ Seller) plans to spin off its global MIS Business into a new public company, within the framework of an International corporate internal re-organization. The target structure will be achieved by a separation of the said MIS Business into newly incorporated companies i.e. Kyndryl Holdings LLC (Kyndryl) and Grand Ocean Managed Infrastructure Services Private Limited (Ocean India) (collectively referred as Acquirers) (Proposed Transaction).

IBM Corporation is, inter alia, engaged in the provision of managed infrastructure services i.e. MIS Business in various countries including India. In India, the MIS Business is presently housed in Network Solutions Private Limited (NetSol) and IBM India, which are indirect wholly owned subsidiaries of IBM Corporation.

The MIS Business is the business of the infrastructure services unit of IBM Corporations Global Technology Services segment, including the Security, Regulatory and Risk Management Services and Identity Management Services offerings of the Security Services unit of IBM Corporation’s Cloud and Cognitive software segment, but excluding the Public Cloud Platform offering of the Infrastructure Services unit.

The Acquirers are presently not engaged in any business activity and have been incorporated only to implement the Proposed Transaction. Post the Proposed Transaction, the Acquirers will house and operate the MIS Business of the IBM Corporation.

FAQ :

The Competition Commission of India (CCI) is the statutory body responsible for enforcing the Competition Act, 2002 to promote competition in India.

The Green Channel Route is a mechanism for deemed approval of certain mergers and acquisitions that are not likely to have an appreciable adverse effect on competition in India.

IBM plans to spin off its global Managed Infrastructure Services (MIS) Business into a new public company through an international corporate internal re-organisation.

The new entities are Kyndryl Holdings LLC and Grand Ocean Managed Infrastructure Services Private Limited, which have been incorporated to house and operate IBM's MIS Business.

IBM is spinning off its global Managed Infrastructure Services (MIS) Business, which is part of its Global Technology Services segment.




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