Whitby Seafoods / Kilhorne Bay Seafoods merger inquiry
The CMA investigated the anticipated acquisition by Whitby Seafoods Limited (via Kilkeel Seafoods Limited) of Kilhorne Bay Seafoods Limited.
Statutory timetable
| Phase 1 date | Action |
|---|---|
| 10 November 2023 | Decision published |
| 4 October 2023 | Phase 1 decision announced |
| 8 August 2023 to 22 August 2023 | Invitation to comment |
| 8 August 2023 | Launch of merger inquiry |
Phase 1
Merger abandoned
12 October 2023: Whitby Seafoods Limited (Whitby) and Kilhorne Bay Seafoods Limited (Kilhorne Bay) have abandoned their merger following competition concerns raised by the CMA.
While the companies had the option to try to address the CMA’s concerns, or to proceed to a more in-depth phase 2 investigation, the CMA received assurances from Whitby and Kilhorne Bay on 12 October 2023 that the proposed merger has been abandoned.
Therefore, the CMA has decided that it is not under a duty to refer the Merger as, pursuant to section 33(2)(b) of the Enterprise Act 2002, it believes that arrangements are not sufficiently far advanced, or are not sufficiently likely to proceed, to justify the making of a reference to phase 2.
Reference unless undertakings accepted
4 October 2023: 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.
- (10.11.23)
- (4.10.23)
- Press release: Scampi merger could push up prices for UK pubs and restaurants (4.10.23)
Launch of merger inquiry
8 August 2023: The CMA announced the launch of its merger inquiry by notice to the parties.
- (8.8.23)
Invitation to comment: closed
8 August 2023: 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.
These comments should be provided by the deadline set out above.
Contact
Please send written representations about any competition issues to general.enquiries@cma.gov.uk
Updates to this page
Published 8 August 2023Last updated 10 November 2023 + show all updates
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Full text phase 1 decision published.
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Merger abandoned
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Phase 1 decision announced
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First published.