Cellnex / CK Hutchison UK towers merger inquiry

The CMA investigated the anticipated acquisition of the passive infrastructure assets of CK Hutchison Networks Europe Investments S.À R.L in the UK by Cellnex UK Limited.

From:
Competition and Markets Authority
Published
13 April 2021
Last updated
17 May 2022 — See all updates
Case type:
Mergers
Case state:
Closed
Market sector:
Telecommunications
Outcome:
Mergers - phase 2 clearance with remedies
Opened:
21 April 2021
Closed:
24 November 2022

Phase 2

Administrative Timetable

Date of Reference: 27 July 2021

Statutory deadline: 7 March 2022

Contact

Cellnex.CKHUK@cma.gov.uk

Remedy Group appointed

16 May 2022: The CMA appointed the following panel group members to the Cellnex/CK Hutchison remedy group.

Richard Feasey (Chair), Maria da Cunha and Mark Thatcher.

Final undertakings

12 May 2022: The CMA has accepted final undertakings and the reference has now been fully determined.

Notice of proposal to accept final undertakings

8 April 2022: The CMA gives notice of the proposal to accept final undertakings and is inviting comments by 5pm on 25 April 2022.

Final report

3 March 2022: The CMA has published its final report.

Responses to provisional findings and possible remedies

Notice of extension of statutory period

Provisional findings

16 December 2021: The CMA has provisionally found competition concerns as part of its in-depth investigation of the anticipated acquisition by Cellnex UK Limited of the passive infrastructure assets in the UK of the CK Hutchison group.

Responses to issues statement

Issues statement

19 August 2021: The issues statement sets out the scope of the phase 2 inquiry and outlines the inquiry group’s initial theories of harm. It does not set out any findings or conclusions. The deadline for submitting responses to the issues statement is 5pm, Thursday 2 September 2021.

Initial submissions

Inquiry group

21 February 2022: Inquiry group change.

Humphrey Battcock has stepped down from the inquiry group for the Cellnex CK Hutchison towers inquiry with immediate effect due to a potential development in his outside interests.

27 July 2021: The CMA has appointed the inquiry group:

Richard Feasey (Chair), Humphrey Battcock, Maria da Cunha and Mark Thatcher.

Terms of reference

27 July 2021: The CMA has referred the anticipated acquisition of the passive infrastructure assets of CK Hutchison Holdings Limited and its subsidiaries in the UK by Cellnex UK Limited for an in-depth investigation.

Phase 1

Statutory timetable

Date Action
13 July 2021 Deadline for phase 1 decision
17 May 2021 Launch of merger inquiry
13 April 2021 to 27 April 2021 Invitation to comment

Reference decision

27 July 2021: The CMA has referred the anticipated acquisition of the passive infrastructure assets of CK Hutchison Holdings Limited and its subsidiaries in the UK by Cellnex UK Limited for an in-depth investigation, on the basis that, on the information currently available to it, it is or may be the case that this merger has resulted or may be expected to result in a substantial lessening of competition within a market or markets in the United Kingdom.

Reference unless undertakings accepted

13 July 2021: 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.

Launch of merger inquiry

17 May 2021: The CMA announced the launch of its merger inquiry by notice to the parties.

Invitation to comment: now closed

13 April 2021: The 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.

Published 13 April 2021
Last updated 17 May 2022 + show all updates

  1. Remedy group appointments published.

  2. Final undertakings accepted published.

  3. Notice of proposal to accept final undertakings, including draft final undertakings and annex, published.

  4. Final report with appendices and glossary published.

  5. Final report announcement and summary of final report published.

  6. Parties’ response to CMA’s provisional findings updated.

  7. Inquiry group update published.

  8. Supplementary submission to the Parties’ response to the remedies notice published.

  9. Additional responses to the provisional findings.

  10. Responses to provisional findings and possible remedies published.

  11. Full provisional findings, appendices and glossary published

  12. Summary of provisional findings, notice of provisional findings and notice of possible remedies published.

  13. BT’s response to the issues statement published.

  14. Initial submission and Parties’ response to issues statement published.

  15. Phase 2 administration table and issues statement published.

  16. Phase 1 full text decision and reference decision published.

  17. Full terms of reference published.

  18. The decision to refer and the terms of reference have been announced.

  19. Referral to Phase 2 announced with summary of the decision.

  20. Launch of merger inquiry announced.

  21. First published.

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