Just Eat / Hungryhouse merger inquiry

The CMA investigated the anticipated acquisition by Just Eat.co.uk Limited of Hungryhouse Holdings Limited.

• From: Competition and Markets Authority
• Published: 10 March 2017
• Last updated: 1 December 2017 — See all updates

• Case type: Mergers
• Case state: Closed
• Market sector: Distribution and service industries
• Outcome: Mergers - phase 2 clearance
• Opened: 10 March 2017
• Closed: 1 December 2017

Phase 2

Administrative timetable

Date of referral: 19.5.17

Statutory deadline: 30.11.17

• Full administrative timetable (updated 12.10.17)

Contact

general.enquiries@cma.gov.uk

Penalty notice

1 December 2017: The CMA has published a notice (dated 24 November) of a penalty imposed on Hungryhouse under section 110 of the Enterprise Act 2002. The CMA imposed the penalty for a failure to comply, without reasonable excuse, with a requirement imposed on Hungryhouse under section 109 of the Enterprise Act 2002.

• Penalty notice (served 24.11.17)

Final report

• Final report (PDF, 1.1 MB) (16.11.17)
• Appendices and glossary (PDF, 3.8 MB) (16.11.17)
• Summary of final report (16.11.17)
• Press release: CMA clears Just Eat / Hungryhouse merger (16.11.17)

Provisional findings

12 October 2017: The CMA has provisionally cleared Just Eat’s acquisition of Hungryhouse.

• Full provisional findings report (12.10.17)
• Appendices and glossary (12.10.17)
• Summary of provisional findings (12.10.17)
• Notice of provisional findings (12.10.17)
• Notice of extension (12.10.17)
• Consumer survey report (12.10.17)
• Press release: CMA provisionally clears Just Eat / Hungryhouse merger (12.10.17)

Evidence

The publication of the evidence of any party on the CMA’s webpages does not indicate in any way endorsement by the CMA of the views expressed in the evidence or acceptance of that evidence. Publication in this way is designed to assist public understanding of the issues.

Responses to provisional findings

• Hungryhouse (9.11.17)
• Just Eat (9.11.17)
• Company A (9.11.17)
• Company B (9.11.17)

Oral evidence

• Summary of evidence from interviews and hearings (25.7.17)

Responses to issues statement

• Hungryhouse (7.7.17)
• Just Eat (7.7.17)

Merger notice

• Merger notice (7.7.17)
• Response to phase 1 issues letter (7.7.17)

Responses to the phase 1 decision

• Hungryhouse (12.6.17)
• Just Eat (12.6.17)

Issues statement

9 June 2017: 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.

• Issues statement (9.6.17)

Inquiry group appointed

22 May 2017: The CMA appointed the inquiry group on 19 May 2017.

Professor Martin Cave (Inquiry Chair), Katherine Holmes, John Krumins and Jayne Scott.

Terms of reference

19 May 2017: The CMA has referred Just Eat’s acquisition of Hungryhouse for an in-depth investigation.

• Terms of reference (19.5.17)

Phase 1

Statutory timetable

Phase 1 date	Action
9 June 2017	Decision published
10 May 2017	Decision announced
10 to 24 March 2017	Invitation to comment
10 March 2017	Launch of merger inquiry

Reference decision

• Reference decision (19.5.17)
• News story: Just Eat/Hungryhouse merger referred for in-depth investigation (19.5.17)

Reference unless undertakings accepted

10 May 2017: 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. The full text of the decision is available below.

• Full text decision (9.6.17)
• News story: Just Eat/Hungryhouse merger faces in-depth investigation (10.5.17)

Invitation to comment: Now closed

10 March 2017: 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.

Launch of merger inquiry

10 March 2017: The CMA announced the launch of its merger inquiry by notice to the parties.

• Commencement of initial period notice (10.3.17)

Published 10 March 2017
Last updated 1 December 2017 + show all updates

1. 1 December 2017

   Penalty notice published.

2. 16 November 2017

   Full final report published.

3. 16 November 2017

   Summary of final report published.

4. 9 November 2017

   Responses to provisional findings published (under ‘Evidence’).

5. 12 October 2017

   Full provisional findings report and consumer survey report published.

6. 12 October 2017

   Summary of provisional findings and notice of extension published.

7. 1 September 2017

   Timetable updated.

8. 25 July 2017

   Summary of oral evidence published.

9. 7 July 2017

   Responses to issues statement and merger notice published.

10. 12 June 2017

    Responses to the phase 1 decision published.

11. 9 June 2017

    Full text decision, timetable and issues statement published.

12. 22 May 2017

    Inquiry group appointments added.

13. 19 May 2017

    Reference decision announced and terms of reference published.

14. 10 May 2017

    Decision announced: reference unless undertakings accepted.

15. 10 March 2017

    First published.