The CMA has accepted undertakings in lieu of reference in relation to the completed acquisition by Diageo plc of United Spirits Limited.

Administrative timetable

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

Phase 1

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.

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.

OFT decision

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.

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.

Initial undertakings

16 July 2013: The OFT accepted initial undertakings. A copy of the undertakings is here.

Merger inquiry launched

16 July 2013: The OFT launched a merger investigation. A satisfactory submission was received by the OFT on 30 September 2013.

Contact

Please send written representations about any competition or public interest issues to:

Zoe Fiander
Competition and Markets Authority
Victoria House
Southampton Row
London WC1B 4AD

zoe.fiander@cma.gsi.gov.uk

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