Wolseley/Kooltech merger inquiry

The CMA investigated the anticipated acquisition by Wolseley UK Limited of Kooltech Limited.

Statutory timetable

Date Action
6 February 2024 Undertakings in lieu of reference accepted
7 December 2023 CMA to consider undertakings offered
23 November 2023 Deadline for phase 1 decision
28 September 2023 Launch of merger inquiry
11 September 2023 to 11 October 2023 Invitation to comment

Phase 1

Case closure

3 April 2024: The sale of the divestment business (Kooltech’s branch in Aberdeen) pursuant to the undertakings in lieu of reference was completed on 28 March 2024. This brings the merger investigation to a close.

Undertakings in lieu of reference accepted

6 February 2024: The CMA has accepted undertakings in lieu of reference for the anticipated merger between Wolseley and Kooltech.

Undertakings in lieu of reference consultation

16 January 2024: We are consulting on proposed undertakings in lieu of a reference offered for the anticipated acquisition by Wolseley UK Limited of Kooltech Limited. The consultation period closes on 30 January 2024.

CMA to consider undertakings offered

7 December 2023: The Parties have offered undertakings in lieu of a reference to the CMA, which involve the divestment of Kooltech’s branch in Aberdeen. The CMA considers that there are reasonable grounds for believing that the undertakings offered by the Parties, or a modified version of them, might be accepted by the CMA under the Enterprise Act.

Reference unless undertakings accepted

23 November 2023: The CMA has decided, on the information currently available to it, that it is or may be the case that this merger 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

28 September 2023: The CMA announced the launch of its merger inquiry by notice to the Parties.

Invitation to comment: closed

11 September 2023: The Competition and Markets Authority (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.

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 or public interest to:

Published 11 September 2023
Last updated 3 April 2024 + show all updates
  1. Case closed.

  2. Final undertakings and full text decision published.

  3. Undertakings in lieu of reference consultation added

  4. Decision that undertakings might be accepted and Reference unless undertakings accepted full text decision published.

  5. UIL decision in principle added to case page

  6. Summary of Phase 1 decision published.

  7. Commencement notice published

  8. First published.