Abellio East Midlands Limited / East Midlands rail franchise

The CMA is investigating the award of the East Midlands rail franchise to Abellio East Midlands Limited.

• From: Competition and Markets Authority
• Published: 21 June 2019
• Last updated: 6 September 2019 — See all updates

• Case type: Mergers
• Case state: Closed
• Market sector: Transport
• Outcome: Mergers - phase 1 clearance with undertakings in lieu
• Opened: 21 June 2019
• Closed: 6 September 2019

Phase 1

Statutory timetable

Phase 1	Action
15 August 2019	Undertakings in lieu of reference accepted
24 July 2019	Decision published
19 July 2019	Decision announced
21 June to 5 July 2019	Invitation to comment
21 June 2019	Launch of merger enquiry

Undertakings in lieu of reference accepted

15 August 2019: The CMA has accepted undertakings in lieu of reference for the anticipated acquisition by Abellio East Midlands Limited of the East Midlands rail franchise.

• UIL acceptance decision (6.9.19)
• Final undertakings (15.8.19)
• Press notice: Norwich - Ely rail passengers to be protected by fare caps (15.8.19)

Undertakings in lieu of reference consultation

26 July 2019: We are consulting on proposed undertakings in lieu of a reference for the anticipated acquisition by Abellio East Midlands Limited of the East Midlands rail franchise.

• Notice of consultation (26.7.19)
• Proposed undertakings (26.7.19)

CMA to consider undertakings offered

25 July 2019: The CMA considers that there are reasonable grounds for believing that the undertakings offered by Abellio East Midlands, Abellio and Greater Anglia or a modified version of them, might be accepted by the CMA under the Enterprise Act 2002.

• Decision that undertakings might be accepted (25.7.19)

Reference unless undertakings accepted

19 July 2019: The CMA has decided, on the information currently available to it, that it is or may be the case that this franchise award has resulted or may be expected to result in a substantial lessening of competition within a market or markets in the United Kingdom. This franchise award will be referred for a phase 2 investigation unless Abellio East Midlands Limited offers acceptable undertakings to address these competition concerns.

• Full text decision (24.7.19)
• Press release: Norwich–Ely rail passengers protected by CMA (19.7.19)

Invitation to comment: closes 5 July

21 June 2019: 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.

Launch of merger inquiry

21 June 2019: The CMA has launched its phase 1 investigation following the European Commission’s decision to refer the case to the United Kingdom under Article 4(4) of the EC Merger Regulation.

Contact

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

mergersupportteam@cma.gov.uk

Published 21 June 2019
Last updated 6 September 2019 + show all updates

1. 6 September 2019

   Full text of the UIL acceptance decision published.

2. 15 August 2019

   Final Undertakings in lieu of reference published.

3. 26 July 2019

   Published: Notice of consultation and proposed undertakings.

4. 25 July 2019

   Published: Decision that undertakings might be accepted.

5. 24 July 2019

   Published: full text decision.

6. 18 July 2019

   Decision to refer to phase 2 announced.

7. 21 June 2019

   First published.