Review of Ocado Group plc designation under the Groceries (Supply Chain Practices) Market Investigation Order 2009

The CMA has made its final decision to de-designate Ocado Group plc’s designation under the Order following designation of Ocado Retail Ltd.

Case timetable

Date Action
21 January 2020 Final decision published
21 November 2019 Publish and consult on Provisional Decision
16 October 2019 Review launched

Published in line with the guidance on the Competition and Markets Authority’s (CMA) approach to the variation and termination of merger monopoly and market undertakings and orders. Any revisions made to the timetable will be published on this webpage

Final decision

21 January 2020: The CMA’s final decision is that relevant changes of circumstance have taken place, such that Ocado Group plc should now be de-designated.

Provisional decision

21 November 2019: The CMA has provisionally decided that the structural change undergone by Ocado in August 2019, and the subsequent designation of Ocado Retail Ltd constitutes a change of circumstance. The CMA has provisionally decided that Ocado Group plc should be de-designated.

We are now consulting on these provisional decisions and a draft Notice of De-designation which would give effect to this change. Responses to this consultation, including supporting evidence where appropriate, should be sent to the address below and should arrive at the CMA by 5pm on Tuesday 24 December 2019 . Following this consultation, the CMA will consider the responses received and assess the evidence and views presented before reaching and then publishing its final decision.

Launch consultation response received

21 November 2019: The CMA received one response to its launch consultation.

Review group appointed

25 October 2019: The CMA appointed the following Panel group members to the Review of Ocado Group plc designation under the Groceries (Supply Chain Practices) Market Investigation Order 2009.

Kirstin Baker (Chair), Robin Cohen and Anne Fletcher.

Decision to carry out a review

16 October 2019: The CMA has decided to conduct a review of Ocado Group plc’s designation under the Groceries (Supply Chain Practices) Market Investigation Order 2009 (the Order). This review is specifically in relation to a request from Ocado Group plc to be de-designated from the Order following a structural change in which Ocado Retail Ltd, which is now designated, has taken on responsibility for Ocado’s grocery retail activities.

The purpose of this review is to determine whether Ocado Group plc should no longer be a designated retailer under the Order. This review will not address any other matter relating to the Order. Should a change of circumstances be found, the CMA proposes only to de-designate Ocado Group plc. All other existing designated retailers will be unaffected and remain designated.

We are keen to receive relevant evidence from interested parties to help us carry out this review. This will help us reach a conclusion on whether there has been a relevant change in circumstances, such that Ocado Group plc should be de-designated. Responses should be sent to the following address and should arrive at the CMA by 5pm on 31 October 2019. We will then consider the views and evidence received before reaching a provisional decision.

Contact

Groceries (SCP) Order review team
Competition and Markets Authority
The Cabot
25 Cabot Square
London
E14 4QZ

remedies.reviews@cma.gov.uk

Published 16 October 2019
Last updated 21 January 2020 + show all updates
  1. Final decision and notice of de-designation published.

  2. Provisional decision published, consultation launched.

  3. Review group appointed.

  4. First published.