Netto / Co-operative merger inquiry

The CMA investigated the anticipated acquisition by Netto Limited of 3 grocery stores from Co-operative Group Limited.

Following notification by the parties, the CMA investigated the anticipated acquisition by Netto Limited of 3 grocery stores from Co-operative Group Limited (the Transaction) and cleared it on 24 July 2015. However, it subsequently came to light that the Transaction had an EU dimension and was required to be notified to the European Commission.

The parties have notified the European Commission of this situation and submitted a reasoned submission pursuant to Article 4(4) of Council Regulation (EC) No 139/2004 on 8 January 2016 for the case to be referred back to the CMA.

Following the decision of the European Commission of 22 January 2016 referring the case to the United Kingdom, the CMA has revoked its decision of 24 July 2015 and is currently reviewing the Transaction under the merger control provisions of the Enterprise Act 2002.

Statutory timetable

Phase 1 date Action
1 February 2016 Decision revoked
14 August 2015 Decision published
24 July 2015 Decision announced
24 June 2015 to 8 July 2015 Invitation to comment
24 June 2015 Launch of merger inquiry

Phase 1

CMA clearance decision

24 July 2015: The CMA has cleared the acquisition by Netto Limited of 3 grocery stores from Co-operative Group Limited.

Invitation to comment: Now closed

24 June 2015: The 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.

The addresses of the 3 Co-operative stores are:

  • Edlington Lane, New Edlington, Doncaster DN12 1BS
  • Hull Road, Hedon By-Pass, Hull HU12 8DJ
  • 639 Roundhay Road, Leeds LS8 4BA

Launch of CMA merger inquiry

24 June 2015: The CMA announced the launch of its merger inquiry by notice to the parties.

Commencement of initial period notice (24.6.15)

Contact

Please send written representations about any competition issues to:

Karina Kucaidze
Competition and Markets Authority
Victoria House
Southampton Row
London
WC1B 4AD

karina.kucaidze@cma.gsi.gov.uk

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