viagogo / StubHub merger inquiry

The CMA is investigating the completed acquisition by PUG LLC (viagogo) of the StubHub business of eBay Inc.

Phase 2

Administrative timetable

Referral date: 25 June 2020

Statutory deadline: 3 February 2021

Case closure summary

8 September 2021: The purchase of the Stubhub International Business by Digital Fuel LLC was approved by the CMA and completed on 3 September 2021. This brings the merger investigation to a close.

Final undertakings

9 April 2021: The CMA has accepted final undertakings and the reference has now been fully determined.

Notice of proposal to accept final undertakings

22 March 2021: The CMA gives notice of the proposal to accept final undertakings and is inviting comments on the proposed draft undertakings by 5pm on 5 April 2021.

Final report

2 February 2021: The CMA has found that the completed acquisition by viagogo of StubHub may give rise to competition concerns in the supply of uncapped secondary ticketing platform services for the resale of tickets to UK events. viagogo is required to sell off the StubHub International business.

Notice of extension of statutory period

Responses to provisional findings and possible remedies

Provisional findings

22 October 2020: The CMA has provisionally found competition concerns as part of its in-depth investigation of the completed acquisition by PUG LLC (viagogo) of the StubHub business of eBay Inc. The provisional findings report and the appendices will be published shortly.

Initial submission

Issues statement

23 July 2020: The issues statement sets out the scope of the inquiry. It outlines initial theories on what might be adversely affecting competition, but it does not set out findings or conclusions.

Interim order

3 July 2020: The CMA has made an Interim Order under section 81 of the Enterprise Act 2002.

Amendments / consents granted:

Inquiry Group appointed

26 June 2020: The CMA has appointed the Inquiry Group.

Stuart McIntosh (Group Chair), Richard Feasey, Paul Hughes and Frances McLeman.

Terms of reference

25 June 2020: The CMA has referred the completed acquisition by PUG LLC (viagogo) of the StubHub business of eBay Inc. for an in depth investigation.

Phase 1

Statutory timetable

Date Action
11 June 2020 Decision announced
14 April 2020 Launch of merger inquiry
7 February 2020 Initial enforcement order
13 December to 10 January 2020 Invitation to comment

Reference decision

25 June 2020: The CMA has referred the completed acquisition by PUG LLC (viagogo) of the StubHub business of eBay Inc. for an in depth investigation, on the basis that, on the information currently available to it, it is or may be the case that this merger constitutes a relevant merger situation that has resulted or may be expected to result in a substantial lessening of competition within a market or markets in the United Kingdom.

Reference unless undertakings accepted

11 June 2020: 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.

Launch of merger inquiry

14 April 2020: The CMA announced the launch of its merger inquiry by notice to the parties.

Directions to appoint a monitoring trustee

On 30 March 2020, pursuant to an initial enforcement order dated 7 January 2020, the CMA directed Pugnacious Endeavors, Inc. and PUG LLC to appoint a monitoring trustee in relation to the completed acquisition of the StubHub business of eBay Inc. by PUG LLC.

Initial enforcement order

On 7 February 2020, the CMA served an initial enforcement order under section 72(2) of the Enterprise Act 2002 on Pugnacious Endeavors, Inc., PUG LLC and eBay Inc., in relation to the anticipated acquisition of the StubHub business of eBay Inc. by PUG LLC.

Amendments / consents granted

Invitation to comment: now closed

13 December 2019: 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 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.

These comments should be provided by the deadline set out above.

Contact

Please send written representations about any competition issues to:

general.enquiries@cma.gov.uk

Published 13 December 2019
Last updated 8 September 2021 + show all updates
  1. Case closure summary and derogations published.

  2. Final undertakings and notice of acceptance of final undertakings published.

  3. Notice of proposal to accept final undertakings published.

  4. Derogation letters published.

  5. Final report and appendices and glossary published.

  6. Final decision announced and summary of the final report published.

  7. Parties’ response to provisional findings and possible remedies published.

  8. Response to provisional findings and possible remedies published.

  9. Responses to provisional findings and possible remedies, notice of extension of statutory period and revised administrative timetable published.

  10. Parties’ response to proposed remedy published.

  11. Provisional findings report and appendices report published.

  12. Summary of provisional findings, notice of provisional findings and notice of possible remedies published.

  13. Derogation published.

  14. Derogation published.

  15. Phase 2 initial submission from parties and a derogation letter published.

  16. Derogation published.

  17. 4 derogations published.

  18. Issues statement published.

  19. Full texts of the phase 1 decision and decision to refer published.

  20. Administrative timetable, notice of making an interim order, interim order and directions to appoint a monitoring trustee published.

  21. Derogation letters published.

  22. Inquiry group appointed.

  23. Acquisition referred for a Phase 2 investigation and terms of reference published.

  24. Phase 1 decision announced and summary of the decision published.

  25. Derogations published

  26. Derogations published.

  27. Launch of merger inquiry and commencement notice published.

  28. Derogation's and directions to appoint a monitoring trustee published.

  29. Derogation's published.

  30. Derogations published.

  31. Initial enforcement order published.

  32. First published.