Morrisons / McColl's merger inquiry

The CMA is investigating the completed acquisition by Wm Morrison Supermarkets Ltd of certain assets of McColl’s Retail Group Plc, Martin McColl Limited, Clark Retail Limited, Dillons Stores Limited, Smile Stores Limited, Charnwait Management Limited, and Martin Retail Group Limited.

From:
Competition and Markets Authority
Published
30 May 2022
Last updated
31 October 2023 — See all updates
Case type:
Mergers
Case state:
Open
Market sector:
Retail and wholesale
Opened:
30 May 2022

Statutory timetable

Phase 1 Action
27 October 2022 Undertakings in lieu of reference accepted
10 October 2022 to 24 October 2022 Consultation on proposed undertakings in lieu of reference
8 September 2022 Decision announced
13 July 2022 Launch of merger inquiry
25 May 2022 Initial enforcement order

Phase 1

Decision to vary the undertakings in lieu of reference

31 October 2023: On 18 October 2023, the CMA decided to vary the undertakings to remove Morrisons’ obligation to divest 36 High Street, Pewsey, SN9 5AQ. Please see the case page for further information.

Decision to undertake review of the undertakings in lieu of reference

20 July 2023: The CMA has decided to review the undertakings in lieu of a reference offered in relation to the completed acquisition of McColl’s by Morrisons. The review will consider Morrisons’ variation request and submission that there has been a material change in circumstances in relation to the Divestment Site at 36 High Street, Pewsey, SN9 5AQ.

Undertakings in lieu of reference accepted

27 October 2022: The CMA has accepted undertakings in lieu of reference for the completed acquisition of McColl’s by Morrisons.

Undertakings in lieu of reference

10 October 2022: We are consulting on proposed undertakings in lieu of a reference for the completed acquisition of McColl’s by Morrisons.

CMA to consider undertakings offered

23 September 2022: Morrisons offered undertakings to the CMA, which involve divesting convenience stores. The CMA considers that there are reasonable grounds for believing that the undertakings offered by Morrisons or a modified version of them, might be accepted by the CMA under the Enterprise Act 2002.

Reference unless undertakings accepted

8 September 2022: 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

13 July 2022: The CMA announced the launch of its merger inquiry by notice to the parties.

Invitation to comment: closed on 27 July 2022

13 July 2022: 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.

Initial enforcement order

25 May 2022: The Competition and Markets Authority has served an initial enforcement order under section 72 (2) of the Enterprise Act 2002 on Clayton, Dubilier & Rice Holdings, LLC; Motor Fuel Limited and CD&R Firefly Holdco Limited; Market Bidco Limited, Market Topco Limited, and each of the subsidiaries of Wm Morrison Supermarkets Limited other than Alliance Property Holdings Limited (Morrisons); and Alliance Property Holdings Limited, the holding company for McColl’s Retail Group plc, Martin McColl Limited, Clark Retail Limited, Dillons Stores Limited, Smile Stores Limited, Charnwait Management Limited, and Martin Retail Group Limited (McColl’s).

Amendments / consents granted

Contact

Please send written representations about any competition or public interest to:

Jonathan Akinyemi, [email protected]

Updates to this page

Published 30 May 2022
Last updated 31 October 2023 + show all updates

  1. Decision to vary the undertakings in lieu of reference

  2. Derogations published.

  3. Full text of decision to accept undertakings in lieu of reference accepted.

  4. The CMA has accepted the undertakings in lieu of reference, with final undertakings published.

  5. Consultation for the undertakings in lieu of reference announced and full texts of the SLC decision and decision to consider undertakings offered published.

  6. Consideration of undertakings announced.

  7. Summary of reference unless undertakings accepted decision published.

  8. Derogations published.

  9. Derogations published.

  10. Launch of merger inquiry announced and commencement notice published.

  11. Derogations published.

  12. First published.

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