Pennon / Sumisho Osaka Gas Water UK merger inquiry
The CMA investigated the completed acquisition by Pennon Group Plc of Sumisho Osaka Gas Water UK Limited (including its subsidiary Sutton and East Surrey Water Plc) under the Water Industry Act 1991.
Following completion of the transaction, Sumisho Osaka Gas Water UK Limited’s name was changed to Sutton and East Surrey Group Holdings Limited.
Statutory timetable
| Phase 1 | Action |
|---|---|
| 14 June 2024 | Undertakings in lieu of reference accepted |
| 21 May 2024 | Consultation on proposed undertakings in lieu of reference: closed 5 June 2024 |
| 14 May 2024 | CMA to consider undertakings offered |
| 3 May 2024 | Decision announced |
| 7 March 2024 | Launch of merger inquiry |
| 27 February 2024 to 12 March 2024 | Invitation to comment |
| 8 January 2024 | Initial enforcement order |
Phase 1
Undertakings in lieu of reference accepted
14 June 2024: The CMA has accepted undertakings in lieu of reference for the completed acquisition by Pennon Group plc of Sutton and East Surrey Group Holdings Limited.
- (24.6.24)
- (14.6.24)
Undertakings in lieu of reference consultation: closed 5 June 2024
21 May 2024: The CMA is consulting on proposed undertakings in lieu of a reference to a Phase 2 investigation offered by the Parties.
- (21.5.24)
- (21.5.24)
CMA to consider undertakings offered
14 May 2024: The CMA considers that there are reasonable grounds for believing that the undertakings offered by the Parties, or a modified version of them, might be accepted by the CMA under the Water Industry Act 1991.
- (21.5.24)
Reference unless undertakings accepted
3 May 2024: The CMA has decided, on the information currently available to it, that it is or may be the case that this merger has prejudiced or will prejudice Ofwat’s ability to make comparisons between water enterprises. This merger will be referred for a phase 2 investigation unless the parties offer acceptable undertakings to address the adverse impact of the merger on Ofwat’s system of comparative regulation.
- (21.5.24)
- (3.5.24)
- (21.5.24)
- Press notice: Solutions offered to address impact of deal on water regulation (3.5.24)
Launch of merger inquiry
7 March 2024: The CMA announced the launch of its merger inquiry by notice to the Parties.
- (7.3.24)
Invitation to comment: closed on 12 March 2024
The Competition and Markets Authority (CMA) is considering pursuant to section 32(b) of the Water Industry Act 1991 (WIA91), whether it is or may be the case that a merger of two or more water enterprises has taken place and, if so, whether the creation of that situation is likely to prejudice Ofwat’s ability, in carrying out its functions, to make comparisons between water enterprises.
The CMA is issuing this preliminary ‘invitation to comment’ to allow interested parties to submit to the CMA any initial views on the impact that the transaction could have on water regulation in England and Wales. The CMA has not yet launched its formal investigation into this transaction. This invitation to comment is the first part of the CMA’s information-gathering process.
To assist it with this assessment, the CMA invites comments on the merger from any interested party.
These comments should be provided by the deadline set out above.
Initial enforcement order
8 January 2024: The Competition and Markets Authority (CMA) served an initial enforcement order under section 72(2) of the Enterprise Act 2002, as modified by the Water Mergers (Modification of Enactments) Regulations 2004, in relation to the completed acquisition by Pennon Group Plc of Sumisho Osaka Gas Water UK Limited.
- (29.1.24)
Amendments / consents granted
- (24.6.24)
- (24.6.24)
- (24.6.24)
- (1.5.24)
- (1.5.24)
- (5.3.24)
- (5.3.24)
- (5.3.24)
- (5.3.24)
- (29.1.24)
- (29.1.24)
- (29.1.24)
Contact
Please send written representations about any competition issues to: [email protected].
Your name and contact details are your personal data. In collecting, receiving, storing, accessing and using your personal data, the CMA, as controller, is processing your personal data. The CMA processes personal data in accordance with data protection law. The CMA is processing your personal data so that it can contact you again, should it need further help or information from you, in order to carry out its merger work under Part 3 of the Enterprise Act 2002. For more information about how the CMA processes personal data and your rights relating to that data, please see our Privacy Notice.
Updates to this page
Published 11 January 2024Last updated 24 June 2024 + show all updates
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Full text decision published and case closed.
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Final undertakings published
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Consultation on proposed undertakings in lieu of reference launched.
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CMA to consider undertakings offered
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Summary of phase 1 decision published.
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Derogations published.
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Merger inquiry launched and commencement notice published.
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Derogations published
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Invitation to comment launched
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Derogation letters, updated Initial Enforcement Order and Variation order published.
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First published.