The CMA has published a decision to accept commitments offered by epyx Limited (Epyx) that address the CMA’s competition concerns regarding certain conduct in the supply of vehicle service, maintenance and repair platforms in the UK.
Case References: CE/9496-11
|Phase 1 date||Action|
|9 September 2014 (actual)||CMA commitments decision published and case closure|
|June – September 2014 (actual)||CMA consideration of submissions received in response to the consultation on modified commitments|
|5 to 18 June 2014 (actual)||Consultation period for modified commitments (Invitation to comment)|
|5 June 2014 (actual)||Consultation opened on proposed modifications to the commitments offered by Epyx|
|5 April 2014 - 4 June 2014 (actual)||CMA consideration of submissions received in response to the consultation|
|1 April 2014 (actual)||Launch of the Competition and Markets Authority (CMA)|
|10 March 2014 - 4 April 2014 (actual)||Consultation period (Invitation to comment)|
|10 March 2014 (actual)||Consultation opened on commitments proposed by Epyx|
|November 2013 - February 2014 (actual)||OFT analysis and review of the commitments offer from Epyx|
|October 2012 - October 2013 (actual)||Office of Fair Trading (OFT) analysis and review of parties’ responses to information requests; issue of further information requests|
|June 2011 - September 2012 (actual)||Initial investigation: information gathering, including issuance of formal or informal information requests and parties’ responses|
|17 June 2011 (actual)||Investigation opened|
Decision to accept commitments
On 9 September 2014, the CMA published its decision to accept commitments from Epyx following an investigation into a suspected abuse of a dominant position in the supply of vehicle service, maintenance and repair platforms in the UK.
Formal acceptance of commitments by the CMA has resulted in the termination of the investigation, with no decision made as to whether or not the Competition Act 1998 (the Act) or the Treaty on the Functioning of the European Union (TFEU) have been infringed.
- Press release CMA accepts commitments relating to platform services for the automotive sector (09.09.14)
- Decision to accept commitments (09.09.14)
In June 2011, following a complaint, the OFT launched a formal investigation into an alleged abuse of a dominant position in relation to the provision by Epyx of its 1link Service Network platform in the UK. The investigation was opened under Chapter II of the Act and Article 102 of the TFEU.
During the course of its investigation, the OFT undertook a number of investigative steps to gather evidence from Epyx and other third parties. These steps included the sending of formal notices requiring documents and information under section 26 of the Act, and obtaining information through meetings, telephone conferences and other correspondence.
Epyx was acquired by FleetCor Technologies, Inc (FleetCor) in October 2013. Following this acquisition, Epyx and FleetCor offered commitments aimed at addressing the OFT’s competition concerns in the investigation.
On 10 March 2014, the OFT published a Notice of intention to accept the commitments offered by Epyx and invited representations from interested third parties on that proposed course of action.
Consultation on initial commitments: 10 March - 4 April
Press release OFT consults on proposed commitments relating to platform services for the automotive sector (10 March 2014)
Notice of intention to accept commitments and invitation to comment (10 March 2014) (pdf 601kb) and annexes:
- Annexe 1 Proposed Commitments (pdf 152kb)
- Annexe 2 Demand-side: Example Variation Agreement (pdf 117kb)
- Annexe 3 Supply-side: Example Variation Agreement (pdf 105kb)
Responsibility for the investigation passed to the CMA on 1 April 2014.
In May 2014, further to the representations received during the consultation process, Epyx proposed modifications to the commitments that they had previously offered. On 5 June 2014, the CMA published a Notice of intention to accept the modified commitments offered by Epyx and invited representations from interested third parties on that proposed course of action.
Consultation on modified commitments: 5 June – 18 June 2014
- Press release: CMA consults on improved commitments relating to platform services for the automotive sector (05.06.14
- Notice of intention to accept modified commitments and invitation to comment (05.06.14)
- Annex A: Proposed modified commitments (PDF, 161 Kb) (05.06.14)
- Annex B: Summary of consultation responses (PDF, 198 Kb) (05.06.14)
- Annex C: Demand-side evaluation and switching process under the modified commitments (PDF, 71 Kb) (05.06.14)
Following consideration of the representations received in response to both consultations, the CMA accepted the final commitments offered by Epyx which address its competition concerns on 9 September 2014.
Hsiu Min Lim (020 3738 6352, HsiuMin.Lim@cma.gsi.gov.uk)
James MacBeth (020 3738 6958, James.MacBeth@cma.gsi.gov.uk)
Senior responsible officer
Ann Pope (020 3738 6786, Ann.Pope@cma.gsi.gov.uk)