GovWire

Hitachi / Thales merger inquiry

Competition Markets Authority

March 14
15:20 2023

Phase 2

Contact

Hitachi.Thales@cma.gov.uk

Administrative timetable

Referral date: 23 December 2022

Statutory deadline: 11 August 2023

Initial submissions made by the parties

The Parties have provided their initial submissions on what they consider to be the key points for consideration by the phase 2 Inquiry Group.

Issues statement

17 January 2023: The issues statement sets out the scope of the inquiry. It outlines initial theories on what might be adversely affecting competition, but it does not set out findings or conclusions. The deadline for submissions on the issues statement is 5:00pm, 31 January 2023.

Notice of extension of inquiry period

Notices of extension under section 39 (4) of the Enterprise Act for failure to respond to the questions issued under s109 of the Enterprise Act with a deadline of 12 January 2023.

Notices of termination of extension under section 39 (4) of the Enterprise Act for failure to respond to the questions issued under s109 of the Enterprise Act with a deadline of 6 January of 2023.

Notices of extension under section 39 (4) of the Enterprise Act for failure to respond to the questions issued under s109 of the Enterprise Act with a deadline of 12 January 2023.

Notices of extension under section 39 (4) of the Enterprise Act for failure to respond to the questions issued under s109 of the Enterprise Act with a deadline of 6 January of 2023.

Inquiry group appointed

23 December 2022: The CMA has appointed the inquiry group.

Stuart McIntosh, Susan Hankey, Sir Kenneth Parker and Karthik Subramanya.

Terms of reference

23 December 2022: The CMA has referred the anticipated acquisition by Hitachi Rail, Ltd of Thales SAs Ground Transportation Systems Business, for an in-depth investigation.

Statutory timetable

Phase 1 date Action
9 December 2022 Phase 1 decision announced
14 October to 28 October 2022 Invitation to comment
14 October 2022 Launch of merger inquiry

Phase 1

Reference decision

23 December 2022: The CMA has referred the anticipated acquisition by Hitachi Rail, Ltd of Thales SAs Ground Transportation Systems Business, for an in-depth investigation, on the basis that, on the information currently available to it, it is or may be the case that this merger may be expected to result in a substantial lessening of competition within a market or markets in the United Kingdom.

Reference unless undertakings accepted

9 December 2022: The CMA has decided, on the information currently available to it, that it is or may be the case that this merger may be expected to result in a substantial lessening of competition within a market or markets in the United Kingdom. This merger will be referred for a phase 2 investigation unless the parties offer acceptable undertakings to address these competition concerns.

Launch of merger inquiry

14 October 2022: The CMA announced the launch of its merger inquiry by notice to the parties.

Invitation to comment: now closed

14 October 2022: The 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 c

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