Clariant / Kilfrost merger inquiry

The CMA investigated the anticipated acquisition by Clariant of the European aircraft de-icing fluid and rail de-icing fluid business of the Kilfrost Group.

• From: Competition and Markets Authority
• Published: 25 February 2016
• Last updated: 13 June 2016 — See all updates

• Case type: Mergers
• Case state: Closed
• Market sector: Retail and wholesale
• Outcome: Mergers - phase 2 cancellation
• Opened: 27 November 2015
• Closed: 13 June 2016

Phase 2

Administrative timetable

Date of referral: 17.2.16

Full administrative timetable

Contact

general.enquiries@cma.gov.uk

Merger reference cancelled

13 June 2016: The CMA has cancelled its merger investigation into Clariant’s anticipated acquisition of Kilfrost’s de-/anti-icing fluids business.

• Cancellation of merger reference (13.6.16)
• Press release: Abandonment of de-icing merger (13.6.16)

Provisional findings

19 May 2016: The CMA has provisionally found that the anticipated acquisition by Clariant of the European aircraft de-icing fluid and rail de-icing fluid business of the Kilfrost Group could lead to a substantial lessening of competition within the market for aircraft de-/anti-icing fluid in the United Kingdom.

• Provisional findings report (PDF, 1Mb) (20.5.16)
• Appendices and glossary (PDF, 1Mb) (20.5.16)
• Summary of provisional findings (19.5.16)
• Notice of provisional findings (19.5.16)
• Notice of possible remedies (19.5.16)
• Press release: CMA could block de-icing merger (19.5.16)

Evidence

Hearing summaries

• ADDCON (28.4.16)
• Airline Services (28.4.16)
• Aviator (28.4.16)
• Esseco (28.4.16)
• LNT Solutions (28.4.16)
• Proviron (28.4.16)

Responses to issues statement

• Clariant (28.4.16)

Initial submissions

• Clariant (28.4.16)
• Kilfrost (28.4.16)

Undertakings

• Notice of acceptance of interim undertakings – Clariant (19.4.16)
• Notice of acceptance of interim undertakings – Kilfrost Limited (8.4.16)

Issues statement

11 March 2016: The issues statement sets out the scope of the investigation. It outlines initial theories on what might be adversely affecting competition, but it does not set out findings or conclusions.

• Issues statement (11.3.16)
• Press release: CMA publishes issues statement in Clariant/Kilfrost merger (11.3.16)

Inquiry group appointed

24 February 2016: The CMA has appointed the inquiry group.

John Wotton (Chair), Jayne Scott, Michael Hutchings and Tim Tutton.

Terms of reference

17 February 2016: The CMA has referred the anticipated acquisition by Clariant of the European aircraft de-icing fluid and rail de-icing fluid business of the Kilfrost Group.

• Terms of reference (17.2.16)

Phase 1

Phase 1 date	Action
11 March 2016	Decision published
9 February 2016	Decision announced
14 December 2015	Launch of merger inquiry
27 November to 18 December 2015	Invitation to comment

Reference decision

• Reference decision (18.2.16)
• Press release: CMA confirms aircraft de-icing fluids merger referral (17.2.16)

Reference unless undertakings accepted

• Full text decision (11.3.16)
• Press release: Aircraft de-icing fluids merger faces in-depth investigation (9.2.16)

Launch of CMA merger inquiry

14 December 2015: The CMA announced the launch of its merger inquiry by notice to the parties.

• Commencement of initial period notice (14.12.15)

Published 25 February 2016
Last updated 13 June 2016 + show all updates

1. 13 June 2016

   Merger reference cancelled.

2. 20 May 2016

   Full provisional findings report published.

3. 19 May 2016

   Summary of provisional findings and notice of possible remedies published.

4. 28 April 2016

   Response to issues statement, initial submissions and hearing summaries published.

5. 19 April 2016

   Acceptance of interim undertakings notice published.

6. 8 April 2016

   Acceptance of interim undertakings notice published.

7. 11 March 2016

   Issues statement and full text of the decision published.

8. 8 March 2016

   Timetable published.

9. 25 February 2016

   Inquiry group appointments added.