Culligan / Waterlogic merger inquiry

The CMA investigated and cleared the anticipated acquisition by Osmosis Buyer Limited (Culligan) of Firewall Holding S.à. r.l. (Waterlogic)

• From: Competition and Markets Authority
• Published: 23 June 2022
• Last updated: 26 October 2022 — See all updates

• Case type: Mergers
• Case state: Closed
• Market sector: Retail and wholesale
• Outcome: Mergers - phase 1 clearance with undertakings in lieu
• Opened: 23 June 2022
• Closed: 9 December 2022

Statutory timetable

Phase 1 date	Action
26 October 2022	Undertakings in lieu of reference accepted
7 October 2022 to 21 October 2022	Consultation on proposed undertakings in lieu of reference
2 September 2022	CMA to consider undertakings offered
18 August 2022	Decision announced
23 June 2022 to 7 July 2022	Invitation to comment
23 June 2022	Launch of merger inquiry

Phase 1

Undertakings in lieu of reference accepted

26 October 2022: The CMA has accepted undertakings in lieu of reference for the anticipated acquisition by Osmosis Buyer Limited (Culligan) of Firewall Holding S.à. r.l. (Waterlogic).

• Final undertakings (PDF, 334KB) (26.10.22)
• Full text decision (PDF, 185KB) (26.10.22)

Undertakings in lieu of reference consultation: closed

7 October 2022: The CMA is consulting on proposed undertakings in lieu of reference offered by BDT Capital Partners LLC and Firewall Holding S.à. r.l. for the anticipated acquisition of Firewall Holding S.à. r.l. by Osmosis Buyer Limited.

• Notice of consultation (7.10.22)
• Proposed undertaking (7.10.22)

CMA to consider undertakings offered

2 September 2022: The CMA considers that there are reasonable grounds for believing that the undertakings offered by BDT Capital Partners LLC and Firewall Holding S.à. r.l. or a modified version of them, might be accepted by the CMA under the Enterprise Act 2002.

• Full text decision (7.10.22)

Reference unless undertakings accepted

18 August 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.

• Press notice: CMA finds concerns in drinking water solutions merger
• Full text decision (7.10.22)

Launch of merger inquiry

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

• Commencement notice (23.6.22)

Invitation to comment: closed

23 June 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.

Contact

Please send written representations about any competition issues to:

general.enquiries@cma.gov.uk

Published 23 June 2022
Last updated 26 October 2022 + show all updates

1. 26 October 2022

   Full text of the decision to accept undertakings in lieu of reference published.

2. 26 October 2022

   Undertakings in lieu of reference accepted and published.

3. 7 October 2022

   Consultation notice, proposed undertakings, full text of decision to consider undertakings offered, and full text of phase 1 decision published.

4. 2 September 2022

   Decision to consider undertakings offered published.

5. 18 August 2022

   Phase 1 decision announced: Reference unless undertakings accepted.

6. 23 June 2022

   First published.