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.
|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|
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)
Please send written representations about any competition issues to:
Competition and Markets Authority