Arriva Rail North / Northern rail franchise merger inquiry

The CMA investigated the acquisition by Arriva Rail North Limited of the Northern rail franchise.

Phase 2

Administrative timetable

Date of referral: 20.5.16

Statutory deadline: 3.11.16

Contact

arrivanorthern@cma.gsi.gov.uk

Notice of proposal to accept final undertakings

Final report

Provisional findings

9 September 2016: The CMA has provisionally found that the award of the Northern rail franchise to Arriva may result in higher fares on some local routes.

Interim order

8 July 2016: On 1 July 2016, the CMA served an interim order under section 81(2) of the Enterprise Act 2002 on Arriva plc, in relation to the acquisition by Arriva Rail North Limited of the Northern Rail franchise. The initial enforcement order of 1 April 2016 will cease to be in force on the date of making this order by virtue of section 72(6) of the Act.

Amendments/consents granted:

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 and notice of possible remedies

Hearing summaries

Responses to the issues statement

Initial submission

Issues statement

14 June 2016: 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.

Inquiry group appointed

The CMA appointed the inquiry group on 23 May 2016.

Phil Evans (Inquiry Chair), Katherine Holmes, Andrew Popham and Tim Tutton.

Disclosure of interest

Terms of reference

20 May 2016: The CMA has referred the Northern Rail franchise award to Arriva for an in-depth investigation.

Phase 1

Phase 1 date Action
14 June 2016 Decision published
12 May 2016 Decision announced
1 April 2016 Initial enforcement order
1 February 2016 Notice of extension published
29 January to 12 February 2016 Invitation to comment
27 January 2016 Launch of merger inquiry

Reference decision

Reference unless undertakings accepted

Initial enforcement order

1 April 2016: The CMA has served an initial enforcement order under section 72(2) of the Enterprise Act 2002 on Arriva plc, in relation to the acquisition by Arriva Rail North Limited of the Northern Rail franchise.

Amendments/consents granted:

Notice of extension of the preliminary assessment period

Launch of merger inquiry

27 January 2016: The CMA launched its phase 1 investigation following the European Commission’s decision to refer the case to the United Kingdom under Article 4(4) of the EC Merger Regulation.

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