Hain Frozen Foods / Orchard House Foods merger inquiry

The CMA investigated the completed acquisition by Hain Frozen Foods UK Limited of Orchard House Foods Limited.

Statutory timetable

Phase 1 date Action
22 September 2016 Undertakings in lieu accepted
20 September 2016 Invitation to comment
21 July 2016 Extension of consideration of undertakings in lieu (UILs)
8 June 2016 Decision published
17 May 2016 Decision announced
17 March 2016 to 4 April 2016 Invitation to comment
17 March 2016 Launch of merger inquiry
21 January 2016 Initial enforcement order

Phase 1

Undertakings in lieu of reference accepted

22 September 2016: The CMA has accepted undertakings in lieu of reference for the acquisition by Hain Frozen Foods UK Limited of Orchard House Foods Limited. The undertakings and the decision are available below.

Invitation to comment

20 September 2016: The CMA invites comments on Multiple Marketing Limited’s shareholding in Fruitapeel (Juice) Limited and views on its possible impact on the effectiveness of the proposed undertakings (and Multiple Marketing Limited as purchaser), from any interested party. The deadline for responses is 21 September 2016 at 5pm.

Undertaking in lieu of reference consultation: Now closed

18 August 2016: We are consulting on proposed undertakings in lieu of a reference for Hain’s completed acquisition of Orchard.

Extension of considerations of undertakings in lieu

21 July 2016: The CMA has extended the consideration of UILs until 22 September 2016.

CMA to consider undertakings offered

1 June 2016: The CMA considers that there are reasonable grounds for believing that the undertakings offered by Hain Frozen Foods UK Limited, or a modified version of them, might be accepted by the CMA under the Enterprise Act 2002. A copy of the notice is available below.

Reference unless undertakings accepted

17 May 2016: 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. The full text of the decision is available below.

Invitation to comment: Now closed

17 March 2016: The 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.

Launch of merger inquiry

17 March 2016: The CMA announced the launch of its merger inquiry by notice to the parties.

Initial enforcement order

21 January 2016: The CMA served an initial enforcement order under section 72(2) of the Enterprise Act 2002 on The Hain Celestial Group, Inc. (HCG) and Hain Frozen Foods UK Limited (HFF) in relation to the completed acquisition by HFF of Orchard House Foods Limited (OHF).

Amendments/consents granted


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

Karina Kucaidze
Competition and Markets Authority
Victoria House
Southampton Row


Published 21 January 2016
Last updated 29 September 2016 + show all updates
  1. Undertakings in lieu acceptance decision published.
  2. Undertakings in lieu of reference accepted.
  3. Invitation to comment issued.
  4. Undertakings in lieu of reference consultation launched and notice published.
  5. Notice of extension published.
  6. Derogation published.
  7. Notice to consider undertakings offered published.
  8. Full text of the decision published.
  9. CMA to consider undertakings announcement added.
  10. Decision announced: reference unless undertakings accepted.
  11. Launch of merger inquiry and invitation to comment issued.
  12. First published.