Amazon / Deliveroo merger inquiry

The CMA has investigated the acquisition by Amazon.com NV Investment Holdings LLC of certain rights and a minority shareholding in Roofoods Ltd (trading as Deliveroo).

From:
Competition and Markets Authority
Published
5 July 2019
Last updated
7 September 2020 — See all updates
Case type:
Mergers
Case state:
Closed
Market sector:
Distribution and service industries
Outcome:
Mergers - phase 2 clearance
Opened:
5 July 2019
Closed:
7 September 2020

Phase 2

Administrative timetable

Date of referral: 27.12.19

Statutory deadline: 6.8.20

Contact

general.enquiries@cma.gov.uk

Penalty notice

7 September 2020: The CMA has imposed penalties of £25,000 and £30,000 on Amazon for the failure to provide, without reasonable excuse, complete responses to two sets of statutory information requests. These failures resulted in 189 documents, which included a significant amount of information relevant to the CMA’s Phase 2 Amazon/Deliveroo merger investigation, being produced after the initial deadline. These penalties, each of which is subject to the statutory maximum of £30,000, have been imposed under section 110 of the Enterprise Act 2002.

Although Amazon did ultimately provide all of the information required, the CMA considers that Amazon’s behaviour caused unnecessary delays to the CMA’s investigation, with some documents being provided almost two months late within the course of a six-month investigation.

Final report

4 August 2020: The CMA has cleared the anticipated acquisition by Amazon of certain rights and a minority shareholding in Deliveroo.

Responses to revised provisional findings

Revised provisional findings

24 June 2020: The CMA has provisionally cleared the anticipated acquisition by Amazon of certain rights and a minority shareholding in Deliveroo. The deadline for submissions in response to these provisional findings is 5 pm on Friday 10 July.

Notice of extension

Responses to provisional findings

Provisional findings

17 April 2020: The CMA has provisionally cleared the anticipated acquisition by Amazon of certain rights and a minority shareholding in Deliveroo. The deadline for submissions has passed.

Issues statement

28 January 2020: 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 has passed.

Initial submissions

Inquiry group appointed

6 January 2020: The CMA has appointed the inquiry group:

Stuart McIntosh (Chair), Humphrey Battcock, Paul Hughes, and Claire Whyley.

Terms of reference

27 December 2019: the CMA has referred the anticipated acquisition by Amazon of a minority shareholding and certain rights in Deliveroo for an in-depth investigation.

Phase 1

Statutory timetable

Phase 1 Date Action
11 December 2019 Decision announced
16 October 2019 Launch of merger inquiry
15 August 2019 to 30 August 2019 Invitation to comment
24 June 2019 Initial enforcement order

Reference decision

27 December 2019: The CMA has referred the anticipated acquisition by Amazon of a minority shareholding and certain rights in Deliveroo for an in-depth investigation.

Reference unless undertakings accepted

11 December 2019: 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 the parties offer acceptable undertakings to address these competition concerns.

The CMA has published a summary of its decision below.

Launch of merger inquiry

16 October 2019: The CMA announced the launch of its merger inquiry.

Invitation to comment: Now closed

15 August 2019: The Competition and Markets Authority (CMA) is considering whether it is or may be the case that this transaction may 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 (30 August 2019).

Initial enforcement order

24 June 2019: The CMA served an initial enforcement order under section 72(2) of the Enterprise Act 2002 on Amazon.com, Inc, Amazon.com NV Investment Holdings LLC, the UK branch of Amazon EU SARL and Roofoods Ltd (Deliveroo), in relation to the acquisition by Amazon of certain rights and a minority shareholding in Deliveroo.

Amendments/consents granted:

Contact

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

general.enquiries@cma.gov.uk

Updates to this page

Published 5 July 2019
Last updated 7 September 2020 + show all updates

  1. The CMA has imposed penalties of £25,000 and £30,000 on Amazon for the failure to provide, without reasonable excuse, complete responses to two sets of statutory information requests. Penalty notice published.

  2. Final report with appendices and glossary published.

  3. Summary of final report, and appendices and glossary published.

  4. Responses to revised provisional findings published.

  5. Revised provisional findings, appendices and glossary published.

  6. Revised provisional findings announced and summary published.

  7. Notice of extension published.

  8. Additional responses to provisional findings published.

  9. Additional responses to provisional findings published.

  10. Responses to provisional findings and derogation published.

  11. Provisional findings, appendices, glossary and customer survey report published.

  12. Provisional findings announced and summary published.

  13. Full text of phase 1 decision and initial submission published.

  14. Issues statement published.

  15. Inquiry group appointed and new contact information added to page.

  16. Decision to refer, terms of reference and derogation published.

  17. Derogation published.

  18. Phase 1 decision announced and summary of the decision published.

  19. CMA investigation launched.

  20. Invitation to comment.

  21. First published.

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