Arçelik / Whirlpool EMEA merger inquiry

The CMA investigated the anticipated joint venture between Arçelik A.Ş. (via Ardutch B.V.) and Whirlpool Corporation (via Whirlpool EMEA Holdings LLC)

Phase 2

Administrative timetable

Date of referral: 11 October 2023

Statutory deadline: 26 March 2024

Final report

7 March 2024: The CMA has published its final report.

Responses to provisional findings

Provisional findings

8 February 2024: The CMA has provisionally cleared the anticipated joint venture between Arçelik A.Ş. (via Ardutch B.V.) and Whirlpool Corporation (via Whirlpool EMEA Holdings LLC).

The deadline for submitting responses to the provisional findings is 5pm on Thursday 29 February 2024.

Response to the issues statement

Initial submission

Issues statement

7 November 2023: 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.

Inquiry group appointed

11 October 2023: The CMA has appointed the inquiry group:

Terms of reference

11 October 2023: The CMA has referred the anticipated joint venture between Arçelik A.Ş. (via Ardutch B.V.) and Whirlpool Corporation (via Whirlpool EMEA Holdings LLC) for an in-depth investigation.

Phase 1

Statutory timetable

Date Action
28 September 2023 Phase 1 decision announced
2 August 2023 Launch of merger inquiry
11 July 2023 to 25 July 2023 Invitation to comment now closed

Reference decision

11 October 2023: The CMA has referred the anticipated joint venture between Arçelik A.Ş. (via Ardutch B.V.) and Whirlpool Corporation (via Whirlpool EMEA Holdings LLC) 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 Transaction may be expected to result in a substantial lessening of competition within a market or markets in the United Kingdom.

Reference unless undertakings accepted

28 September 2023: The CMA has decided, on the information currently available to it, that it is or may be the case that this transaction may be expected to result in a substantial lessening of competition within a market or markets in the United Kingdom. The transaction will be referred for a phase 2 investigation unless the parties offer acceptable undertakings to address these competition concerns.

Launch of merger inquiry

2 August 2023: The CMA announced the launch of its merger inquiry by notice to the parties.

The date of the CMA’s phase 1 decision deadline was incorrect in the commencement notice. The correct date for the deadline is 28 September 2023 and the CMA has updated the notice accordingly.

Invitation to comment now closed

11 July 2023: 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.

To assist it with this assessment, the CMA invites comments on the transaction from any interested party, in advance of the CMA’s formal investigation starting.

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

Contact

[email protected]

Updates to this page

Published 11 July 2023
Last updated 9 April 2024 + show all updates
  1. Case closed

  2. Final report, appendices and glossary published.

  3. Parties’ response to provisional findings published.

  4. Provisional findings report, appendices and glossary published

  5. Summary of provisional findings and notice of provisional findings report published.

  6. Response to the issues statement published

  7. Phase 2 Initial submission published

  8. Phase 2 issues statement and Phase 1 full text decision published.

  9. Decision to refer and Terms of reference published

  10. Summary of phase 1 decision published.

  11. Date correction.

  12. Commencement notice published

  13. First published.