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Morrisons / McColl's merger inquiry

Competition Markets Authority

October 27
10:02 2022

Statutory timetable

Phase 1 Action
27 October 2022 Undertakings in lieu of reference accepted
10 October 2022 to 24 October 2022 Consultation on proposed undertakings in lieu of reference
8 September 2022 Decision announced
13 July 2022 Launch of merger inquiry
25 May 2022 Initial enforcement order

Phase 1

Undertakings in lieu of reference accepted

27 October 2022: The CMA has accepted undertakings in lieu of reference for the completed acquisition of McColls by Morrisons.

Undertakings in lieu of reference

10 October 2022: We are consulting on proposed undertakings in lieu of a reference for the completed acquisition of McColls by Morrisons.

CMA to consider undertakings offered

23 September 2022: Morrisons offered undertakings to the CMA, which involve divesting convenience stores. The CMA considers that there are reasonable grounds for believing that the undertakings offered by Morrisons or a modified version of them, might be accepted by the CMA under the Enterprise Act 2002.

Reference unless undertakings accepted

8 September 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

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

Invitation to comment: closes on 27 July 2022

13 July 2022: 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 set out above.

Initial enforcement order

25 May 2022: The Competition and Markets Authority has served an initial enforcement order under section 72 (2) of the Enterprise Act 2002 on Clayton, Dubilier & Rice Holdings, LLC; Motor Fuel Limited and CD&R Firefly Holdco Limited; Market Bidco Limited, Market Topco Limited, and each of the subsidiaries of Wm Morrison Supermarkets Limited other than Alliance Property Holdings Limited (Morrisons); and Alliance Property Holdings Limited, the holding company for McColls Retail Group plc, Martin McColl Limited, Clark Retail Limited, Dillons Stores Limited, Smile Stores Limited, Charnwait Management Limited, and Martin Retail Group Limited (McColls).

Amendments / consents granted

Contact

Please send written representations about any competition or public interest to:

Jonathan Akinyemi, jonathan.akinyemi@cma.gov.uk

Darren Gysi, darren.gysi@cma.gov.uk

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