Motor Fuel Group (MFG) / MRH merger inquiry

The CMA is investigating the acquisition by Clayton Dubilier & Rice Fund IX, L.P., a fund which includes in its portfolio the Motor Fuel Group, of MRH (GB) Limited.

Statutory timetable

Phase 1 date Action
9 November 2018 Undertakings in lieu of reference accepted
5 October 2018 Decision published
31 August 2018 Decision announced
5 to 19 June 2018 Invitation to comment
5 June 2018 Launch of merger inquiry

Phase 1

Undertakings in lieu of reference accepted

9 November 2018: The CMA has accepted undertakings in lieu of reference for the completed acquisition by Clayton Dubilier & Rice Fund IX, L.P., a fund which includes in its portfolio the Motor Fuel Group, of MRH (GB) Limited.

Undertakings in lieu of reference consultation: closes 5 November 2018

22 October 2018: We are consulting on proposed undertakings in lieu of a reference for the completed acquisition by Clayton Dubilier & Rice Fund IX, L.P., a fund which includes in its portfolio the Motor Fuel Group, of MRH (GB) Limited.

CMA to consider undertakings offered

14 September 2018: The CMA considers that there are reasonable grounds for believing that the undertakings offered by CD&R Fund IX (which indirectly controls the Motor Fuel Group), or a modified version of them, might be accepted by the CMA under the Enterprise Act 2002. The full text of the decision (which was announced on 14 September 2018) is available below.

Reference unless undertakings accepted

31 August 2018: 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 (which was announced on 31 August 2018) is available below.

Initial enforcement order

On 18 June 2018, the CMA served an initial enforcement order under section 72(2) of the Enterprise Act 2002 on CD&R Firefly Holdco Limited, Clayton Dubilier & Rice, LLC, CD&R Associates IX, L.P. and CD&R Firefly Bidco Limited, in relation to the acquisition by Clayton Dubilier & Rice Fund IX, L.P., a fund which includes in its portfolio the Motor Fuel Group, of MRH (GB) Limited.

Amendments/consents granted:

Notice of extension of the preliminary assessment period

Invitation to comment: now closed

5 June 2018: 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

5 June 2018: The CMA has launched its phase 1 investigation following the European Commission’s decision to refer the case to the United Kingdom under Article 4(4) of the EC Merger Regulation.

Contact

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

Anna Caro
Competition and Markets Authority
Victoria House
Southampton Row
London
WC1B 4AD

Anna.Caro@cma.gov.uk

Published 5 June 2018
Last updated 20 November 2018 + show all updates
  1. UILs acceptance decision published.
  2. Final undertakings published.
  3. Proposed undertakings and notice of consultation published.
  4. Derogation published.
  5. Derogation published.
  6. Full text of the decision originally announced on 31 August and full text of the decision originally announced on 14 September published.
  7. Derogations published.
  8. CMA to consider undertakings offered.
  9. Reference unless undertakings accepted decision announced.
  10. Derogation published.
  11. Updated initial enforcement order, variation order, derogation and termination of extension notices published.
  12. Notices of extension published.
  13. Notice of termination of extension published. Timetable updated.
  14. Derogation published.
  15. Initial enforcement order published.
  16. Notice of extension published.
  17. First published.