GovWire

Statutory timetable

Phase 1

CMA to consider undertakings offered

28 March 2023: Asda Stores Limited, Asda Group Limited, Mr Mohsin Issa, Mr Zuber Issa and TDR Capital LLP jointly offered undertakings to the CMA, which involve divesting 13 petrol filling stations with attached grocery stores. The CMA considers that there are reasonable grounds for believing that the undertakings offered by Asda Stores Limited, Asda Group Limited, Mr Mohsin Issa, Mr Zuber Issa and TDR Capital LLP, or a modified version of them, might be accepted by the CMA under the Enterprise Act 2002.

Reference unless undertakings accepted

14 March 2023: The CMA has decided, on the evidence 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 an in-depth, Phase 2 investigation unless the parties offer acceptable undertakings to address these competition concerns.

• Summary of Phase 1 Decision (PDF, 146 KB) (14.3.23)

• Press release: Supermarket petrol station merger could increase prices for motorists and shoppers (14.3.23)

Launch of merger inquiry

17 January 2023: the CMA announced the launch of its phase 1 merger inquiry by notice to the parties.

• Commencement notice (PDF, 30KB) (17.1.23)

Invitation to comment: closed

The Competition and Markets Authority (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.

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

On 26 October 2022, the CMA served an initial enforcement order (IEO) under section 72 (2) of the Enterprise Act 2002 on Asda Stores Limited (Asda); Asda Group Limited (Asda Group); Mr Mohsin Issa; Mr Zuber Issa; TDR Capital LLP; TDR Capital III Portfolio No. 2 L.P.; TDR Capital III Investments (2019) L.P.; Co-operative Group Limited (Co-op) and Arthur Foodstores Limited (Arthur). The IEO commenced on 30 October 2022, the day the parties completed the transaction.

• Initial enforcement order (PDF, 247.33 KB) (31.10.22)

Amendments / consents granted

• Derogation 20 March 2023 (PDF, 130 KB) (24.3.23)
• Derogation 16 March 2023 (PDF, 146 KB) (24.3.23)
• Derogation 21 February 2023 (PDF, 131KB) (28.2.23)
• Derogation 28 October 2022 (PDF, 184KB) (4.11.22)

Contact

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

Lydia Rachianioti, lydia.rachianioti@cma.gov.uk