Huws Gray Ltd / Grafton Plc

The CMA investigated the anticipated acquisition of certain businesses owned by Grafton Group Plc by Patagonia Bidco Limited, the owner of the Huws Gray builders’ merchant business.

From:
Competition and Markets Authority
Published
11 October 2021
Last updated
5 April 2022 — See all updates
Case type:
Mergers
Case state:
Closed
Market sector:
Building and construction
Outcome:
Mergers - phase 1 clearance with undertakings in lieu
Opened:
8 October 2021
Closed:
31 March 2022

Statutory timetable

Phase 1 Action
14 January 2022 Undertakings in lieu of reference accepted
17 December 2021 Initial enforcement order
8 December 2021 CMA to consider undertakings offered
29 November 2021 Phase 1 decision announced
11 October to 25 October 2021 Invitation to comment
8 October 2021 Launch of merger inquiry

Phase 1

Case closure

31 March 2022: The sale of Buildbase Sudbury subject to the UILs to Lords Builders’ Merchants was approved by the CMA and completed on 31 March 2022. This brings the merger investigation to a close.

Undertakings in lieu of reference accepted

14 January 2022: The CMA has accepted undertakings in lieu of reference for the anticipated acquisition of certain businesses owned by Grafton Group Plc by Patagonia Bidco Limited, the owner of the Huws Gray builders’ merchant business.

Initial enforcement order

17 December 2021: The CMA has served an initial enforcement order under section 72(2) of the Enterprise Act 2002 in relation to the anticipated acquisition of certain businesses owned by Grafton Group Plc by Patagonia Bidco Limited, the owner of the Huws Gray builders’ merchant business.

Undertakings in lieu of reference consultation: closes 23 December 2021

9 December 2021: We are consulting on proposed undertakings in lieu of a reference for the anticipated acquisition of certain businesses owned by Grafton Group Plc by Patagonia Bidco Limited, the owner of the Huws Gray builders’ merchant business.

CMA to consider undertakings offered

8 December 2021: The CMA considers that there are reasonable grounds for believing that the undertakings offered by Patagonia Bidco Limited, or a modified version of them, might be accepted by the CMA under the Enterprise Act 2002.

Reference unless undertakings accepted

29 November 2021: The CMA has decided, on the information currently available to it, that 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. The CMA has arrived at this decision under its fast-track procedure at the request of the merging parties who accepted that the merger gives rise to a realistic prospect of a substantial lessening of competition in one local area where both merging parties supply building materials through general builders’ merchants. In most merger cases, the CMA needs to carry out a longer Phase 1 investigation to determine whether it should clear a merger or refer it to a Phase 2 investigation. In line with the CMA’s guidance, however, merging companies can ask the CMA to fast-track the case to Phase 1 remedies discussions where it is clear from an early stage that there are competition concerns that can be addressed by clear-cut remedies. This merger will, however, be referred for a Phase 2 investigation unless the merging parties offer acceptable undertakings to address these competition concerns.

Launch of merger inquiry

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

Invitation to comment closes: 25 October 2021

11 October 2021: The Competition and Markets Authority (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.

Contact

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

Published 11 October 2021
Last updated 5 April 2022 + show all updates

  1. Case closure published.

  2. Full text decision published

  3. Final undertakings in lieu of reference published.

  4. Initial enforcement order published.

  5. Reference unless undertakings accepted full text decision published.

  6. Undertakings in lieu of reference consultation announced and decision that undertakings might be accepted published.

  7. Decision to consider undertakings offered announced.

  8. Reference unless undertakings accepted published.

  9. First published.

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