J Sainsbury PLC / Asda Group Ltd merger inquiry
The CMA is investigating the anticipated merger between J Sainsbury Plc and Asda Group Ltd.
Phase 2
Administrative timetable
Date of referral: 19 September 2018
Statutory deadline: 30 April 2019
- (updated 11.2.19)
Final order
9 July 2019: The CMA gives notice of the making of ‘The Sainsbury’s and Asda Merger Inquiry Order 2019’. On the making of this Order the reference is finally determined.
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Notice of intention to make an order
23 May 2019: The CMA gives notice of the intention to make an order.
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Final report
- (25.4.19)
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- Press release: CMA blocks merger between Sainsbury’s and Asda (25.4.19)
Responses to provisional findings and possible remedies
- (22.3.19)
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Provisional findings
20 February 2019: The CMA has provisionally found extensive competition concerns as part of its in-depth investigation of the proposed merger between Sainsbury’s and Asda.
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- Press release: Sainsbury’s / Asda merger could push up prices and reduce quality (20.2.19)
Notice of extension of statutory period
- (11.2.19)
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.
Third party evidence
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Hearing summaries
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Responses to the issues statement
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Initial submissions
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Issues statement
16 October 2018: 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.
- (16.10.18)
- News story: CMA sets out scope of Sainsbury’s / Asda merger investigation (16.10.18)
Inquiry group appointed
19 September 2018: The CMA appointed the inquiry group on 19 September 2018.
Stuart McIntosh (Group Chair), Richard Feasey, Roland Green, John Thanassoulis, Claire Whyley
Terms of reference
19 September 2018: The CMA has referred the anticipated merger between J Sainsbury PLC and Asda Group Ltd for an in-depth phase 2 investigation.
- (19.9.18)
Phase 1
Date | Action |
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27 September 2018 | Phase 1 decision published |
19 September 2018 | Phase 1 decision announced |
23 August to 31 August 2018 | Invitation to comment |
23 August 2018 | Launch of merger inquiry |
18 May 2018 - 4 June 2018 | Preliminary invitation to comment |
May 2018 | Start of pre-notification period. |
Reference decision
19 September 2018: The CMA has referred the anticipated merger between J Sainsbury Plc and Asda Group Ltd for an in-depth phase 2 investigation under its fast track procedure at the request of the merging parties. A copy of the decision is available below:
- (27.9.18)
- News story: Sainsbury’s/Asda merger referred for in-depth investigation (19.9.18)
Launch of merger inquiry
23 August 2018: The CMA announced the launch of its merger inquiry by notice to the parties.
- (23.8.18)
- Press release: CMA launches Sainsbury’s / Asda merger investigation (23.8.18)
Invitation to comment: now closed
23 August 2018: The CMA has today issued a second invitation to comment, giving all interested parties a further opportunity to submit views about the impact that the proposed merger could have on competition in the UK and about whether there are any objections to the use of the fast-track procedure in this case. The CMA will take into account all views already submitted as part of its preliminary invitation to comment launched on May 2018 and it is not necessary to re-submit any comments made previously.
- (23.8.18)
Responses to the preliminary invitation to comment
- (18.6.18)
Preliminary invitation to comment: now closed
18 May 2018: The CMA has today issued a preliminary ‘invitation to comment’, which is an early opportunity for interested third parties to submit any initial views about the impact that the proposed merger could have on competition in the UK.
- (18.5.18)
Publishing correspondence during this inquiry
The CMA takes very seriously the confidentiality of the information it receives during its merger investigations. In certain circumstances, the CMA may be required by law to disclose some of that information (for example, in order to publish the reasons for its decisions). Where this is the case, the CMA will carefully consider:
- the need to exclude from disclosure information whose disclosure might significantly harm the legitimate business interests of the company (or the interests of the individual) to whom the information relates
- the extent to which it is necessary to disclose that information
During its Phase 1 investigation, the CMA will typically only publish interim orders, decisions, and certain information on the case team and timetable. The CMA will not typically publish individual submissions (from merging parties or third parties) or meeting/call notes.
Further information about the CMA’s practice in Phase 1 investigations is provided in paragraph 7.22 of the CMA’s guidance on jurisdiction and procedure. The CMA expects to take the same approach to information received during pre-notification.
During its Phase 2 investigation, the CMA will typically publish a larger body of third party evidence, including responses made by parties to the Phase 2 issues statement and, if appropriate, summaries of other submissions made by third parties, such as through calls or meetings. Before publishing such material, the CMA will first seek to contact the company or individual concerned to confirm what information it considers to be commercially sensitive and should therefore be excluded from publication.
While the final decision on disclosure lies with the CMA, it will consider these representations seriously in light of its legal obligations. If the CMA accepts that certain information should be treated confidentially, it may be possible to avoid disclosure of commercially sensitive information by, for example, anonymising or aggregating that information, rather than excluding it completely.
Further information in relation to the CMA’s practice in Phase 2 investigations is provided in paragraphs 11.25 to 11.32 of the CMA’s guidance on jurisdiction and procedure.
To the extent that a submission (or the substance of a submission) made to the CMA is later made public, the CMA will not generally consider that submission to be confidential. In keeping with its aims to be open and transparent about its work, in this case the CMA intends to publish submissions made to it in connection with the investigation that have been made public (either in full or in substance), as well as any CMA responses to those submissions. Links to these submissions are provided below.
- (19.9.18)
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- Letter received from the Business, Energy and Industrial Strategy (BEIS) and Environment, Food and Rural Affairs (EFRA) committees (29.5.18)
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CMA disclosures
- (19.9.18)
- (25.7.18)
- (updated 27.9.18)
Updates to this page
Last updated 9 July 2019 + show all updates
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We have published our notice of the final Order, the Order explanatory note and the Order.
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The CMA gives notice of its intention to make an order which will prohibit the merger between Sainsbury’s and Asda and is inviting comments on the draft.
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The final report and appendices have been published.
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Final report summary published.
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The expected publication date of the final report has been added.
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Responses to the provisional findings and responses to the notice of possible remedies published.
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The full text of our provisional findings has been published.
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The summary of provisional findings, notice of provisional findings and notice of possible remedies have been published.
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The administrative timetable has been updated and a notice of extension of statutory period has been published.
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Updated administrative timetable published.
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Hearing summaries published.
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Hearing summaries published.
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Hearing summaries and response to issues statement published.
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Additional responses to the issues statement by Sainsbury's / Asda, 'Supplier B' and NFU.
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Responses to the issues statement published.
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Issues statement and initial submission published.
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Full text of the phase 1 decision and updated staff disclosure published.
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Reference decision announced. Terms of reference published. Administrative timetable and inquiry group added. Letter from and response to MP published. Staff disclosure published.
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Commencement notice and invitation to comment published.
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Disclosure of interest published.
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Summary of responses to the preliminary invitation to comment published.
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Letters published.
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Information about publishing correspondence during this inquiry added, correspondence with Secretary of State for Business, Energy and Industrial Strategy published, correspondence with BEIS and EFRA Committees published.
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First published.