Menzies Aviation / ASIG merger inquiry

The CMA investigated the completed acquisition by Menzies Aviation plc and Menzies Aviation Inc. of ASIG Holdings Limited and ASIG Holdings Corp. from BBA Aviation plc.

• From: Competition and Markets Authority
• Published: 25 October 2016
• Last updated: 28 April 2017 — See all updates

• Case type: Mergers
• Case state: Closed
• Market sector: Aerospace
• Outcome: Mergers - phase 1 clearance with undertakings in lieu
• Opened: 25 October 2016
• Closed: 28 April 2017

Statutory timetable

Phase 1 date	Action
25 April 2017	Undertakings in lieu of reference accepted
3 March 2017	Decision published
1 February 2017	Initial enforcement order
15 December 2016	Decision announced
25 October to 8 November 2016	Invitation to comment
25 October 2016	Launch of merger inquiry

Phase 1

Undertakings in lieu of reference accepted

25 April 2017: The CMA today accepted Menzies’ offer to sell the ground handling business of ASIG at Aberdeen Airport to Dalcross Handling in order to remedy the CMA’s competition concerns.

In December last year, the CMA found that the acquisition by Menzies of ASIG could lead to a substantial lessening of competition at Aberdeen Airport. To address the CMA’s concerns, Menzies offered undertakings to divest the ASIG Aberdeen business to a purchaser to be approved by the CMA.

After considering responses to its public consultation on the proposed undertakings, the CMA has decided to accept the undertakings offered by Menzies and the sale of ASIG’s Aberdeen business to Dalcross Handling.

A copy of the decision and undertakings are available below.

• UIL acceptance decision (28.4.17)
• Final undertakings (25.4.17)

Undertakings in lieu of reference consultation: Now closed

9 March 2017: We are consulting on proposed undertakings in lieu (UIL) of a reference for the completed acquisition by Menzies Aviation plc and Menzies Aviation Inc. of ASIG Holdings Limited and ASIG Holdings Corp.

• Notice of consultation (9.3.17)
• Proposed undertakings (9.3.17)

Extension of consideration of undertakings in lieu

24 February 2017: The CMA has extended the consideration of UILs until 27 April 2017.

• Notice of extension (24.2.17)

Initial enforcement order

On 1 February 2017, the CMA served an initial enforcement order under section 72(2) of the Enterprise Act 2002 in relation to the anticipated acquisition by Menzies Aviation plc and Menzies Aviation Inc. of ASIG Holdings Limited and ASIG Holdings Corp.

• Initial enforcement order (2.2.17)

Amendments/consents granted

• Derogation 21 March 2017 (22.3.17)
• Derogation 10 February 2017 (14.2.17)
• Derogation 1 February 2017 (2.2.17)

CMA to consider undertakings offered

3 January 2017: The CMA considers that there are reasonable grounds for believing that the undertakings offered by Menzies Aviation plc and Menzies Aviation Inc., or a modified version of them, might be accepted by the CMA under the Enterprise Act 2002. A copy of the decision is available below.

• Decision that undertakings might be accepted (3.1.17)

Reference unless undertakings accepted

15 December 2016: 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. The full text of the decision is available below.

• Full text decision (3.3.17)
• Press release: Airport ground handling merger may give rise to competition concerns (15.12.16)

Invitation to comment: Now closed

25 October 2016: 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.

Launch of merger inquiry

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

• Commencement of initial period notice (25.10.16)

Contact

[email protected]

Published 25 October 2016
Last updated 28 April 2017 + show all updates

1. 28 April 2017

   Undertakings in lieu acceptance decision published.

2. 25 April 2017

   Undertakings in lieu of reference accepted.

3. 22 March 2017

   Derogation published.

4. 9 March 2017

   Undertakings in lieu of reference consultation launched.

5. 3 March 2017

   Full text of the decision published.

6. 24 February 2017

   Notice of extension published.

7. 14 February 2017

   Derogation published.

8. 2 February 2017

   Initial enforcement order and derogation published.

9. 3 January 2017

   CMA to consider undertakings announcement and decision added.

10. 15 December 2016

    Decision announced: reference unless undertakings accepted.

11. 25 October 2016

    First published.