Liqui-Box, Inc / DS Smith merger inquiry

The CMA is investigating the anticipated acquisition by Liqui-Box, Inc., of DS Smith flexible and rigid plastic packaging business.

From:
Competition and Markets Authority
Published
24 May 2019
Last updated
7 October 2019 — See all updates
Case type:
Mergers
Case state:
Closed
Market sector:
Paper printing and packaging
Outcome:
Mergers - phase 1 clearance with undertakings in lieu
Opened:
24 May 2019
Closed:
30 September 2019

Statutory timetable

Phase 1 date Action
30 September 2019 Undertakings in lieu of reference accepted
22 August 2019 Decision published
19 July 2019 Decision announced
24 May 2019 to 10 June 2019 Invitation to comment
24 May 2019 Launch of merger inquiry

Phase 1

Undertakings in lieu of reference accepted

30 September 2019: The CMA has accepted undertakings in lieu of reference for the anticipated acquisition by Liqui-Box Inc., of the flexible and rigid plastic packaging business of DS Smith.

Undertakings in lieu of reference consultation

12 September 2019: We are consulting on proposed undertakings in lieu of a reference for the anticipated acquisition by Liqui-Box Inc. of the flexible plastic packaging business of DS Smith.

CMA to consider undertakings offered

2 August 2019: The CMA considers that there are reasonable grounds for believing that the undertakings offered by Liqui-Box, or a modified version of them, might be accepted by the CMA under the Enterprise Act 2002.

Reference unless undertakings accepted

19 July 2019: 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. 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 will be published shortly.

Invitation to comment: closes 10 June 2019

24 May 2019: 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.

Launch of merger inquiry

24 May 2019: The CMA announced the launch of its merger inquiry by notice to the parties.

Contact

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

Miriam Kenner
Competition and Markets Authority
The Cabot,
25 Cabot Square,
London
E14 4QZ

Miriam.Kenner@cma.gov.uk

Published 24 May 2019
Last updated 7 October 2019 + show all updates

  1. Full text of UILs acceptance decision published.

  2. Final undertakings published.

  3. Proposed undertakings and notice of consultation published.

  4. Decision that undertakings might be accepted published.

  5. Page updated to reflect that the undertakings offered by Liqui-Box, or a modified version of them, might be accepted by the CMA.

  6. Reference unless undertakings accepted decision announced.

  7. First published.

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