Origin UK Operations / Bunn Fertiliser merger inquiry

The CMA investigated the completed acquisition by Origin UK Operations Limited of assets comprising the business of Bunn Fertiliser Limited.

• From: Competition and Markets Authority
• Published: 19 May 2017
• Last updated: 3 November 2017 — See all updates

• Case type: Mergers
• Case state: Closed
• Market sector: Agriculture, environment and natural resources
• Outcome: Mergers - phase 1 clearance with undertakings in lieu
• Opened: 19 May 2017
• Closed: 3 November 2017

Statutory timetable

Phase 1 date	Action
16 October 2017	Undertakings in lieu of reference accepted
10 August 2017	Initial enforcement order
10 August 2017	Decision published
14 July 2017	Decision announced
19 May to 5 June 2017	Invitation to comment
19 May 2017	Launch of merger inquiry

Phase 1

Undertakings in lieu of reference accepted

16 October 2017: The CMA has accepted undertakings in lieu of reference for the completed acquisition by Origin UK Operations Limited of assets comprising the business of Bunn Fertiliser Limited. A copy of the undertakings and the decision are available below.

• Final undertakings (3.11.17)
• UIL acceptance decision (3.11.17)
• News story: CMA accepts Origin’s remedy proposal (16.10.17)

Extension of consideration of undertakings in lieu

20 September 2017: The CMA has extended the consideration of UILs until 20 November 2017.

• Notice of extension (20.9.17)

Undertakings in lieu of reference consultation: now closed

7 September 2017: We are consulting on proposed undertakings in lieu of a reference for the completed acquisition by Origin UK Operations Limited of assets comprising the business of Bunn Fertiliser Limited.

• Notice of consultation (7.9.17)
• Proposed undertakings (7.9.17)
• News story: Consultation on proposal to resolve fertiliser merger concerns (7.9.17)

Initial enforcement order

11 August 2017: On 10 August 2017, the CMA served an initial enforcement order under section 72(2) of the Enterprise Act 2002 on Origin Enterprises plc and Origin UK Operations Limited, in relation to the completed acquisition by Origin UK Operations Limited of assets comprising the business of Bunn Fertiliser Limited.

• Initial enforcement order (11.8.17)

Amendments/consents granted

• Derogation 11 August 2017 (15.8.17)
• Derogation 10 August 2017 (11.8.17)

CMA to consider undertakings offered

28 July 2017: The CMA considers that there are reasonable grounds for believing that the undertakings offered by Origin UK Operations Limited, or a modified version of them, might be accepted by the CMA under the Enterprise Act 2002. The full text of the decision is available below.

• Decision that undertakings might be accepted (10.8.17)

Reference unless undertakings accepted

14 July 2017: 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 (10.8.17)
• News story: Origin and Bunn must resolve concerns over fertiliser merger (14.7.17)

Invitation to comment: Now closed

19 May 2017: 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

19 May 2017: The CMA announced the launch of its merger inquiry by notice to the parties.

• Commencement of initial period notice (19.5.17)

Contact

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

Kate Botting
Competition and Markets Authority
Victoria House
Southampton Row
London
WC1B 4AD

[email protected]

Published 19 May 2017
Last updated 3 November 2017 + show all updates

1. 3 November 2017

   Undertakings in lieu acceptance decision published.

2. 16 October 2017

   Undertakings in lieu of reference accepted.

3. 20 September 2017

   Notice of extension published.

4. 7 September 2017

   Undertakings in lieu of reference consultation launched.

5. 15 August 2017

   Derogation published.

6. 11 August 2017

   Initial enforcement order and derogation published.

7. 10 August 2017

   Full text decision and decision that undertakings might be accepted published.

8. 28 July 2017

   CMA to consider undertakings announcement added.

9. 14 July 2017

   Decision announced: reference unless undertakings accepted.

10. 19 May 2017

    First published.