Energystore Limited / Warmfill Ltd, Warmwall Limited, and related assets

The CMA investigated and cleared the completed acquisition by Energystore Limited of WarmFill Ltd, Warmwall Limited and related assets by Energystore Limited.

Statutory timetable

Date Action
5 April 2022 Decision announced
9 February 2022 to 24 February 2022 Invitation to comment
9 February 2022 Launch of merger inquiry
17 December 2021 Initial enforcement order

Phase 1

CMA clearance decision

5 April 2022: The CMA has cleared the completed acquisition by Energystore Limited of Warmfill Ltd, Warmwall Limited and related assets, using the ‘de minimis’ exception.

Re-issue of initial enforcement order

2 March 2022: The CMA has served an initial enforcement order under section 72(2) of the Enterprise Act 2002, in relation to the completed acquisition by Energystore Limited of Warmfill Ltd, Warmwall Limited and related assets.

Revocation order

2 March 2022: The Competition and Markets Authority (CMA) has made a Revocation Order under section 72(4) of the Enterprise Act 2002 in relation to the completed acquisition by Energystore Limited of Warmfill Ltd, Warmwall Limited and related assets. This Order revokes the initial enforcement order that the CMA imposed on 17 December 2021 and is without prejudice to the CMA’s ongoing investigation into the acquisition.

Directions to appoint a monitoring trustee

2 March 2022: On 1 March 2022, pursuant to an initial enforcement order dated 1 March 2022, the CMA directed Energystore Limited and Warmfill Ltd to appoint a monitoring trustee.

Directions to appoint a hold separate manager

2 March 2022: On 1 March 2022, pursuant to an initial enforcement order dated 1 March 2022, the CMA directed Energystore Limited and Warmfill Ltd to appoint a hold separate manager.

Launch of merger inquiry

9 February 2022: The CMA announced the launch of its merger inquiry by notice to the parties.

Invitation to comment: now closed

9 February 2022: The Competition and Markets Authority (CMA) is considering whether it is or may be the case that this transaction has resulted 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 has resulted, or 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 24 February 2022.

Directions to appoint a monitoring trustee

12 January 2022: On 5 January 2022, pursuant to an initial enforcement order dated 17 December 2021, the CMA directed Energystore Limited and Warmfill Ltd to appoint a monitoring trustee.

Directions to appoint a hold separate manager

12 January 2022: On 5 January 2022, pursuant to an initial enforcement order dated 17 December 2021, the CMA directed Energystore Limited and Warmfill Ltd to appoint a hold separate manager.

Initial enforcement order

17 December 2021: The CMA served an initial enforcement order under section 72(2) of the Enterprise Act 2002 in relation to the completed acquisition by Energystore Limited of WarmFill Ltd.

Initial enforcement order (PDF, 170kB) (22.12.21)

Contact

Please send written representations about any competition or public interest to general.enquiries@cma.gov.uk.

Published 20 December 2021
Last updated 22 April 2022 + show all updates
  1. Full text decision published.

  2. Clearance decision and administration timetable update published.

  3. Revocation of previous Initial Enforcement Order published alongside an updated Initial Enforcement Order. Directions to appoint a monitoring trustee and a hold separate manager also published.

  4. Launch of merger inquiry announced.

  5. Directions to appoint Monitoring trustee and Hold separate manager published.

  6. Initial enforcement order published.

  7. First published.