Acadia Healthcare Company / Priory Group merger inquiry

The CMA investigated the completed acquisition by Acadia Healthcare Company, Inc. of Priory Group No. 1 Limited.

• From: Competition and Markets Authority
• Published: 19 February 2016
• Last updated: 8 December 2016 — See all updates

• Case type: Mergers
• Case state: Closed
• Market sector: Healthcare and medical equipment
• Outcome: Mergers - phase 1 clearance with undertakings in lieu
• Opened: 18 February 2016
• Closed: 8 December 2016

Statutory timetable

Phase 1 date	Action
10 November 2016	Undertakings in lieu of reference accepted
15 August 2016	Decision published
14 July 2016	Decision announced
18 May 2016	Launch of merger inquiry
19 April to 4 May 2016	Invitation to comment
18 February 2016	Initial enforcement order

Phase 1

Undertakings in lieu of reference accepted

10 November 2016: The CMA has accepted undertakings in lieu of reference for the completed acquisition by Acadia Healthcare Company, Inc. of Priory Group No. 1 Limited. A copy of the undertakings and the decision are available below.

• UIL acceptance decision (8.12.16)
• Acadia final undertakings (10.11.16)
• News story: CMA protects prices for mental healthcare services (10.11.16)

Modified undertakings in lieu of reference consultation: Now closed

24 October 2016: We are consulting on modifications to the proposed undertakings in lieu (UIL) of a reference for the completed acquisition by Acadia Healthcare Company, Inc. of Priory Group No. 1 Limited.

• Notice of consultation (24.10.16)
• Modified undertakings (24.10.16)
• Modified undertakings showing amendments (24.10.16)

Undertaking in lieu of reference consultation: Now closed

7 October 2016: We are consulting on proposed undertakings in lieu (UIL) of a reference for the completed acquisition by Acadia Healthcare Company, Inc. of Priory Group No. 1 Limited.

• Notice of consultation (7.10.16)
• Proposed undertakings (7.10.16)
• News story: CMA consults on mental healthcare merger remedies (7.10.16)

CMA to consider undertakings offered

28 July 2016: The CMA considers that there are reasonable grounds for believing that the undertakings offered by Acadia, or a modified version of them, might be accepted by the CMA under the Enterprise Act 2002. A copy of the notice is available below.

• UIL extension period notice (22.9.16)
• Notice to consider undertakings offered (15.8.16)
• News story: CMA considers undertakings in Acadia/Priory merger (28.7.16)

Reference unless undertakings accepted

14 July 2016: The CMA has decided, on the information currently available to it, that it is or may be the case that this merger has resulted or 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 Acadia offers acceptable undertakings to address these competition concerns. The full text of the decision is available below.

• Full text decision (PDF, 1 MB) (15.8.16)
• Press release: Acadia/Priory merger faces in-depth investigation (14.7.16)

Launch of merger inquiry

18 May 2016: The CMA announced the launch of its merger inquiry by notice to the parties.

• Commencement of initial period notice (18.5.16)

Invitation to comment: Now closed

19 April 2016: The CMA is considering whether it is or may be the case that this transaction has resulted 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 has resulted, or may be expected to result, in a substantial lessening of competition within any market or markets in the United Kingdom for goods or services.

Initial enforcement order

17 February 2016: The CMA served an initial enforcement order under section 72(2) of the Enterprise Act 2002 on Acadia Healthcare Company, Inc. and its UK subsidiary, Partnerships in Care UK 1 Limited, in relation to the completed acquisition by Acadia Healthcare Company, Inc. of Priory Group No. 1 Limited.

• Initial enforcement order (18.2.16)

Amendments/consents granted:

• Derogation 17 November 2016 (8.12.16)
• Derogation 20 October 2016 (26.10.16)
• Derogation 24 August 2016 (2.9.16)
• Derogation 17 February 2016 (19.2.16)

Contact

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

Ronan Scanlan
Competition and Markets Authority
Victoria House
Southampton Row
London
WC1B 4AD

Ronan.Scanlan@cma.gsi.gov.uk

Published 19 February 2016
Last updated 8 December 2016 + show all updates

1. 8 December 2016

   Undertakings in lieu acceptance decision and derogation published.

2. 10 November 2016

   Undertakings in lieu of reference accepted.

3. 26 October 2016

   Derogation published.

4. 24 October 2016

   Modified undertakings in lieu of reference consultation launched.

5. 7 October 2016

   Undertaking in lieu of reference consultation launched.

6. 22 September 2016

   Notice of extension published.

7. 2 September 2016

   Derogation published.

8. 15 August 2016

   Decisions published.

9. 28 July 2016

   CMA to consider undertakings announcement added.

10. 14 July 2016

    Decision announced: reference unless undertakings accepted.

11. 18 May 2016

    Launch of CMA merger inquiry.

12. 19 April 2016

    Invitation to comment issued.

13. 19 February 2016

    Derogation published.