Co-operative / ML Convenience and MLCG merger inquiry

The CMA investigated the acquisition by Co-operative Foodstores Limited of 8 or more My Local grocery stores from ML Convenience Limited and MLCG Limited.

• From: Competition and Markets Authority
• Published: 8 July 2016
• Last updated: 26 January 2017 — See all updates

• Case type: Mergers
• Case state: Closed
• Market sector: Retail and wholesale
• Outcome: Mergers - phase 1 clearance with undertakings in lieu
• Opened: 8 July 2016
• Closed: 26 January 2017

Statutory timetable

Phase 1 date	Action
23 January 2017	Undertakings in lieu of reference accepted
10 November 2016	Decision published
19 October 2016	Decision announced
23 August to 7 September 2016	Invitation to comment
23 August 2016	Launch of merger inquiry
1 July 2016	Initial enforcement order

Phase 1

Undertakings in lieu of reference accepted

23 January 2017: The CMA has accepted undertakings in lieu of reference for the completed acquisition by Co-operative Foodstores Limited of 8 My Local grocery stores from ML Convenience Limited and MLCG Limited. A copy of the undertakings and the decision are available below.

• UIL acceptance decision (26.1.17)
• Final undertakings (23.1.17)
• News story: CMA accepts remedies in convenience store merger (23.1.17)

Extension of consideration of undertakings in lieu

23 December 2016: The CMA has extended the consideration of UILs until 27 February 2017.

• Notice of extension (23.12.16)

Undertakings in lieu of reference consultation: Now closed

17 November 2016: We are consulting on proposed undertakings in lieu of a reference for the completed acquisition by Co-operative Foodstores Limited of eight My Local grocery stores from ML Convenience Limited and MLCG Limited.

• Notice of consultation (17.11.16)
• Proposed undertakings (17.11.16)

CMA to consider undertakings offered

1 November 2016: The CMA considers that there are reasonable grounds for believing that the undertakings offered by Co-operative Group Limited, or a modified version of them, might be accepted by the CMA under the Enterprise Act 2002. The text of the decision is available below.

• Decision that undertakings might be accepted (2.11.16)

Reference unless undertakings accepted

19 October 2016: 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. The full text of the decision is available below.

• Full text decision (10.11.16)
• Press release: Convenience store acquisition may give rise to competition concerns (19.10.16)

Invitation to comment: Now closed

23 August 2016: The 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.

Launch of merger inquiry

23 August 2016: The CMA announced the launch of its merger inquiry by notice to the parties.

• Commencement of initial period notice (23.8.16)

Initial enforcement order

On 1 July 2016 the CMA served an initial enforcement order under section 72(2) of the Enterprise Act 2002 on Co-operative Group Limited and Co-operative Foodstores Limited in relation to its acquisition of 8 or more My Local grocery stores from ML Convenience Limited and MLCG Limited.

• Initial enforcement order (8.7.16)

Amendments/consents granted:

• Derogation 12 October 2016 (17.10.16)
• Derogation 14 September 2016 (15.9.16)
• Derogation 10 August 2016 (11.8.16)
• Derogation 22 July 2016 (25.7.16)
• Derogation 21 July 2016 (25.7.16)
• Derogation 18 July 2016 (19.7.16)
• Derogation 11 July 2016 (18.7.16)
• Derogation 4 July 2016 (8.7.16)

Contact

[email protected]

Published 8 July 2016
Last updated 26 January 2017 + show all updates

1. 26 January 2017

   Undertakings in lieu acceptance decision published.

2. 23 January 2017

   Undertakings in lieu of reference accepted.

3. 23 December 2016

   Notice of extension published.

4. 17 November 2016

   Undertaking in lieu of reference consultation launched.

5. 10 November 2016

   Full text of the decision published.

6. 2 November 2016

   Decision that undertakings might be accepted added.

7. 1 November 2016

   CMA to consider undertakings announcement added.

8. 19 October 2016

   Decision announced: reference unless undertakings accepted.

9. 17 October 2016

   Derogation published.

10. 15 September 2016

    Derogation published.

11. 23 August 2016

    Launch of merger inquiry and invitation to comment issued.

12. 11 August 2016

    Derogation published.

13. 25 July 2016

    Derogations published.

14. 19 July 2016

    Derogation published.

15. 18 July 2016

    Derogation published.

16. 8 July 2016

    First published.