Nicholls’ (Fuel Oils) Limited / DCC Energy Limited in Northern Ireland

The CMA investigated and cleared the completed acquisition by Nicholls’ (Fuel Oils) Limited of the oil distribution business of DCC Energy Limited in Northern Ireland.

Statutory timetable

Phase 1 Date Action
7 November 2018 Decision announced
19 October 2018 Revocation of initial enforcement order
19 September 2018 to 3 October 2018 Invitation to Comment
19 September 2018 Launch of merger inquiry
8 June 2018 Initial enforcement order

Phase 1

CMA clearance decision

7 November 2018: The CMA has cleared the completed acquisition by Nicholls’ (Fuel Oils) Limited of the oil distribution business of DCC Energy Limited in Northern Ireland. The full text of the decision will be available shortly.

Revocation of initial enforcement order

19 October 2018: In view of the evidence available to the CMA at this stage, the CMA has revoked the initial enforcement order.

Directions to ensure compliance with the initial enforcement order

2 October 2018: On 27 September 2018, pursuant to an initial enforcement order dated 8 June 2018, the CMA directed Nicholls’ (Fuel Oils) Limited to comply with certain obligations set out in the Directions.

Directions to appoint a hold separate manager

24 September 2018: On 19 September 2018, pursuant to an initial enforcement order dated 8 June 2018, the CMA directed Nicholls’ (Fuel Oils) Limited to appoint a hold separate manager.

Invitation to comment: Now closed

19 September 2018: The Competition and Markets Authority (CMA) is considering whether it is or may be the case that this transaction has resulted 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 has resulted, or may be expected to result, in a substantial lessening of competition within any market or markets in the United Kingdom for goods or services.

To assist it with this assessment, the CMA invites comments on the transaction from any interested party.

Launch of merger inquiry

19 September 2018: The CMA announced the launch of its merger inquiry by notice to the parties:

Directions to appoint a monitoring trustee

17 July 2018: On 11 July 2018, pursuant to an initial enforcement order dated 8 June 2018, the CMA directed Nicholls (Fuel Oils) Limited to appoint a monitoring trustee.

Initial enforcement order

On 8 June 2018, the CMA has served an initial enforcement order under section 72(2) of the Enterprise Act 2002 on Nicholls’ (Fuel Oils) Limited, in relation to the completed acquisition by Nicholls’ (Fuel Oils) Limited of the oil distribution business of DCC Energy Limited in Northern Ireland.

Amendments/consents granted:

Contact

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

Lauren O'Brien
Competition and Markets Authority
Victoria House
Southampton Row
London
WC1B 4AD

Lauren.OBrien@cma.gov.uk

Published 12 June 2018
Last updated 7 November 2018 + show all updates
  1. Clearance decision announced.
  2. Revocation order published.
  3. Derogation published.
  4. Directions to ensure compliance with the initial enforcement order published.
  5. Derogation published.
  6. Directions published.
  7. Invitation to comment issued and commencement of initial period notice published.
  8. Derogation published.
  9. Derogation published.
  10. Directions for monitoring trustee and derogation published.
  11. First published.