Consultation outcome

Consultation on provisional decisions on reviews of three merger undertakings and one market investigation Order

• From: Competition and Markets Authority
• Published: 19 March 2024
• Last updated: 10 July 2024 — See all updates

This consultation has concluded

Detail of outcome

The CMA has published its final decisions that the remedies under review should be released (in the case of the undertakings) and revoked (in the case of the order). The CMA’s final decisions with reasoning and Notice of Release/Revocation can be found on the CMA’s remedy review case page.

Feedback received

Non-confidential consultation response

PDF, 67.7 KB, 2 pages

This file may not be suitable for users of assistive technology.

Request an accessible format.

If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email general.enquiries@cma.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

---

Original consultation

Summary

The CMA is seeking views from interested stakeholders for its reviews of three merger remedies and one market investigation Order.

This consultation ran from
10am on 19 March 2024 to 5pm on 18 April 2024

Consultation description

The CMA has made provisional decisions that, due to relevant changes in circumstances, the following CMA remedies are no longer appropriate and should be released/revoked:

• The Energy Market Investigation (ECOES/DES) Order 2016, made on 14 December 2016 following the CMA report Energy market investigation: Final report which was published on 24 June 2016

• Undertakings in Lieu of reference given on 17 August 2011 by Subsea 7 S.A. and Acergy M.S. Ltd. following the Office of Fair Trading’s decision: Anticipated acquisition by Acergy SA of Subsea 7 Inc which was published on 2 February 2011

• Undertakings in Lieu of reference given by Home Retail Group plc on 8 August 2008 following the Office of Fair Trading’s decision: Completed acquisition by Home Retail Group plc of 27 leasehold properties from Focus (DIY) Ltd which was published on 12 May 2008

• Undertakings given by Lloyds TSB Group plc on 18 February 2002 following the Competition Commission’s report: Lloyds TSB Group plc and Abbey National plc: A report on the proposed merger (Cm 5208) which was published on 10 July 2001

The CMA consulted on changes in circumstance and consequent potential outcomes in its launch decision consultation, which ran from 21 November 2023 to 12 December 2023.

We are keen to receive relevant evidence from interested parties to help us reach final decisions on these reviews.

Respondents should provide their views supported with relevant evidence where possible, in writing to the CMA at the address below by 5pm on Monday 12 December 2023. We will then consider the views and evidence received before reaching final decisions.

Further information on this review can be found on our case page.

The CMA requests that all submissions be accompanied by a non-confidential version which the respondent would be willing to have published on the CMA website when we publish our provisional decision.

Documents

Reviews of one Market Investigation order and three sets of Merger undertakings

PDF, 279 KB, 17 pages

Published 19 March 2024
Last updated 10 July 2024 + show all updates

1. 10 July 2024

   Detail of outcome published.

2. 19 March 2024

   First published.