The CMA investigated the anticipated acquisition by Reckitt Benckiser of the K-Y brand from Johnson & Johnson and has accepted undertakings.
- Published on 20 January 2015, as required by Rule 7 of the Competition and Markets Authority Rules of Procedure for Merger, Market and Special Reference Groups. Any revisions made to the timetable will be published on this website.
|Phase 2 date||Action|
|4 November 2015||Statutory deadline for remedial action|
|18 August 2015||Statutory deadline|
|12 August 2015||Final report published|
|Early July 2015||Final deadline for all parties’ responses/submissions|
|May/June 2015||Consider possible remedies and response hearing(s)|
|22 May 2015||Notified provisional findings and possible remedies|
|Late April 2015||Deadline for all parties’ responses/submissions required before provisional findings|
|March/April 2015||Main party hearing, verify information, consider provisional findings|
|Mid-February 2015||Publish statement of issues|
|January/February 2015||Gather information, issue questionnaires, hear third parties|
|7 January 2015||Merger reference made|
CMA approves K-Y licence in UK
20 June 2016: Reckitt Benckiser has licensed the K-Y brand to Thornton & Ross for 8 years and completed its merger with Johnson & Johnson.
- News story: CMA approves K-Y licence in UK to Thornton & Ross (20.6.16)
Remedy group appointed
17 November 2015: Following the CMA’s acceptance of final undertakings from Reckitt Benckiser and Johnson & Johnson, the remedy group has now been appointed.
4 November 2015: The CMA has accepted final undertakings from Reckitt Benckiser and Johnson & Johnson to remedy the substantial lessening of competition identified in the final report.
- Acceptance of final undertakings from Reckitt Benckiser (4.11.15)
- Acceptance of final undertakings from Johnson & Johnson (4.11.15)
- News story: CMA accepts K-Y undertakings (4.11.15)
Response to draft final undertakings
- Anonymous (29.10.15)
Notice of proposal to accept final undertakings
9 October 2015: The CMA gives notice of the proposal to accept final undertakings and is inviting comments by 23 October 2015.
- Notice of proposal to accept final undertakings from Johnson & Johnson (9.10.15)
- Draft final undertakings from Johnson & Johnson (9.10.15)
- Notice of proposal to accept final undertakings from Reckitt Benckiser Group plc (RB) and RB (Brands) Limited (9.10.15)
- Draft final undertakings from RB Group plc and RB (Brands) Limited (9.10.15)
- News story: CMA consults on lubricants merger undertakings (9.10.15)
- Final report (PDF, 2.1 Mb) (12.8.15)
- Appendices and Glossary (PDF, 1.9 Mb) (12.8.15)
- Summary of final report (12.8.15)
- Press release: CMA orders remedy to meet concern over lubricants merger (12.8.15)
- Notice of acceptance of interim undertakings - Reckitt Benckiser (17.6.15)
- Notice of acceptance of interim undertakings - Johnson & Johnson (17.6.15)
22 May 2015: The CMA has provisionally found that Reckitt Benckiser’s anticipated acquisition of the K-Y brand could lead to a substantial lessening of competition.
- Provisional findings report (27.5.15)
- Appendices and Glossary (27.5.15)
- Summary of provisional findings (22.5.15)
- Notice of provisional findings (22.5.15)
- Notice of possible remedies (22.5.15)
- Notice of extension (22.5.15)
- Press release: CMA sets out provisional concerns over lubricants merger (22.5.15)
The publication of the evidence of any party on the CMA’s web pages 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
Responses hearing summaries
- Ansell (23.7.15)
- Pasante (22.7.15)
- Superdrug (21.7.15)
- NHS Supply Chain (17.7.15)
- Combe Incorporated (10.7.15)
- Ann Summers (29.6.15)
- Tesco (29.6.15)
- Boots (18.6.15)
Responses to notice of possible remedies
- Combe Incorporated (9.7.15)
- 3 Peaks Group (29.6.15)
- Combe Incorporated (12.6.15)
- Johnson & Johnson (12.6.15)
- Reckitt Benckiser (12.6.15)
As part of its evidence-gathering process, the CMA is holding hearings with a range of industry customers and interested parties.
- Ansell (27.4.15)
- Boots (27.4.15)
- Sainsbury’s (31.3.15)
- Tesco (31.3.15)
- Superdrug (26.3.15)
- Ann Summers (23.3.15)
- Asda (23.3.15)
- Pasante (20.3.15)
- Amazon (19.3.15)
- Lovehoney (Swoon) (19.3.15)
The CMA’s merger inquiry is independent and welcomes submissions from all interested parties.
Responses to issues statement
- Reckitt Benckiser (12.3.15)
5 February 2015: The issues statement sets out the scope of the investigation. It outlines initial theories on what might be adversely affecting competition, but it does not set out findings or conclusions.
- Issues statement (5.2.15)
- News story: CMA publishes statement of issues over lubricants merger (5.2.15)
Inquiry group appointed
12 January 2015: The CMA has appointed the inquiry group.
Terms of reference
7 January 2015: The CMA has referred the anticipated acquisition by Reckitt Benckiser of the K-Y brand from Johnson & Johnson for an in-depth phase 2 investigation.
- Terms of reference (8.1.15)
|Phase 1 date||Action|
|29 January 2015||Decision published|
|19 December 2014||Decision announced|
|27 October to 10 November 2014||Invitation to comment|
|27 October 2014||Launch of merger inquiry|
Reference unless undertakings accepted
- Press release: Lubricants merger faces phase 2 investigation unless undertakings offered (19.12.14)
- Full text decision (29.1.15)
Launch of CMA merger inquiry
27 October 2014: The CMA announced the launch of its merger inquiry by notice to the parties.
Published: 17 November 2015
Updated: 20 June 2016
Opened: 27 October 2014
Closed: 20 June 2016
- Announcement added.
- Remedy group appointed.