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HSH Cold Stores / Associated Cold Stores & Transport

Competition Markets Authority

May 23
10:00 2023

Statutory timetable

Date Action
27 June 2023 Deadline for phase 1 decision (*)
27 April 2023 Launch of merger inquiry
27 April 2023 to 15 May 2023 Invitation to comment

*This date is the current statutory deadline by when the decision will be announced. If any change occurs, the information is refreshed as soon as practicable. However, the CMA cannot guarantee that the decision will be announced on or before this current deadline, as the deadline of a given case may change during the merger assessment process due to different reasons.

Phase 1

Revocation of initial enforcement order

23 May 2023: The CMA has revoked the initial enforcement order imposed on 17 March 2023 in relation to the completed merger between HSH Cold Stores Limited, a subsidiary of HSH Midco Limited, which is owned and/or managed by Arcus European Investment Manager LLP, AEIF 2 GP S.r.l, Arcus European Investment Manager Netherlands B.V., Arcus European Infrastructure Fund 2 SCSp, AEIF 2 Luxembourg Holdings S.r.l, AEIF 2 LH Sub 03 S.r.l, Constellation Cold Logistics S.r.l, Constellation Cold Logistics United Kingdom S.r.l, and Associated Cold Stores & Transport Limited. The Revocation Order was issued under section 72(4) of the Enterprise Act 2022 and is without prejudice to the CMAs ongoing investigations into the acquisitions.

Launch of merger inquiry

27 April 2023: The CMA announced the launch of its merger inquiry by notice to the parties.

Invitation to comment: closes on 15 May 2023

27 April 2023: The Competition and Markets Authority (CMA) is considering whether it is or may be the case that this transaction, if carried into effect, will result in the creation of a relevant merger situation under the merger provisions of the Enterprise Act 2002 and, if so, whether the creation of that situation may be expected to result in a substantial lessening of competition within any market or markets in the United Kingdom for goods or services.

To assist it with this assessment, the CMA invites comments on the transaction from any interested party.

These comments should be provided by the deadline above.

Directions to appoint a monitoring trustee

24 March 2023: Pursuant to the initial enforcement order dated 17 March 2023, the CMA directed Arcus European Investment Manager LLP, AEIF 2 GP S.r.l, Arcus European Investment Manager Netherlands B.V., Arcus European Infrastructure Fund 2 SCSp, AEIF 2 Luxembourg Holdings S.r.l, AEIF 2 LH Sub 03 S.r.l, Constellation Cold Logistics S.r.l, Constellation Cold Logistics United Kingdom S.r.l, and their subsidiaries, HSH Midco Limited, HSH Cold Stores Limited, and Associated Cold Stores & Transport Limited to appoint a monitoring trustee.

Initial enforcement order

17 March 2023: The CMA served an initial enforcement order under section 72(2) of the Enterprise Act 2002 on Arcus European Investment Manager LLP, AEIF 2 GP S.r.l, Arcus European Investment Manager Netherlands B.V., Arcus European Infrastructure Fund 2 SCSp, AEIF 2 Luxembourg Holdings S.r.l, AEIF 2 LH Sub 03 S.r.l, Constellation Cold Logistics S.r.l, Constellation Cold Logistics United Kingdom S.r.l, and their subsidiaries, HSH Midco Limited, HSH Cold Stores Limited, and Associated Cold Stores & Transport Limited.

Contact

Please send written representations about any competition issues to:

Chris Bollington, Chris.Bollington@cma.gov.uk

Published 23 March 2023
Last updated 23 May 2023 +show all updates
  1. Revocation order published.

  2. Commencement notice published.

  3. Directions to appoint a monitoring trustee published.

  4. First published.

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