|Phase 1 date||Action|
|31 October 2014||CMA accepted undertakings in lieu of reference|
|17 July 2014||CMA consultation on undertakings in lieu and upfront buyer|
|6 February 2014||Full text of OFT decision published|
|25 November 2013||OFT decision announced – referred unless undertakings given|
|30 September 2013||Satisfactory submission received; statutory timetable restarted|
|11 September 2013||Statutory timetable stopped|
|5 September 2013||Statutory timetable restarted|
|27 July 2013||Statutory timetable stopped|
|21 July to 2 August 2013||Invitation to comment|
|16 July 2013||Initial undertakings|
|16 July 2013||Merger inquiry launched|
Undertakings in lieu accepted
31 October 2014: The CMA has approved Diageo’s sale of the Whyte & Mackay business to Emperador. The CMA has accepted undertakings in lieu of reference from Diageo plc.
Undertakings consultation - now closed
17 July 2014: The CMA has announced that it is consulting on proposed undertakings in lieu of a reference for the completed acquisition by Diageo plc of a shareholding in United Spirits Limited. Diageo has proposed Emperador UK Limited as the purchaser of the divestment business from United Spirits.
- Diageo undertakings consultation (PDF, 209 Kb) (17.7.14)
- Diageo proposed undertakings in lieu (PDF, 158 Kb) (17.7.14)
Statutory timetable suspended
25 November 2013: The OFT suspended the statutory timetable for referral to the CC because the OFT is considering whether to accept undertakings in lieu of reference from Diageo pursuant to section 73 of the Act.
25 November 2013: The OFT announced that its duty to refer the acquisition pursuant to section 22(1) of the Act is suspended because the OFT is considering whether to accept undertakings in lieu of reference from Diageo pursuant to section 73 of the Act. The full text of the decision is available below.
- Full text decision (6.2.14)
Statutory timetable suspended
11 September 2013 to 30 September 2013: The statutory timetable was suspended on 11 September 2013 when the parties failed to provide information required by the OFT in a Notice under section 31 of the Act by the deadline. The timetable was restarted on 30 September 2013 when the information was received.
Statutory clock suspended
27 July 2013 to 5 September 2013: The statutory timetable was suspended on 27 July 2013 when the parties failed to provide information required by the OFT in a Notice under section 31 of the Act by the deadline. The timetable was restarted on 5 September 2013 when the information was received.
16 July 2013: The OFT accepted initial undertakings. A copy of the undertakings is here.
- Derogation letter 22 August 2013 (pdf 70kb)
Derogation letter 2 December 2013 (pdf 71kb)
- On 6 December 2013 Grant Thornton was appointed as Monitoring Trustee to monitor the hold separate undertakings and the divestment procedure. Directions to appoint a monitoring trustee.
Merger inquiry launched
16 July 2013: The OFT launched a merger investigation. A satisfactory submission was received by the OFT on 30 September 2013.
Please send written representations about any competition or public interest issues to:
Competition and Markets Authority
London WC1B 4AD