GovWire

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Phase 2

The CMA is carrying out this phase 2 investigation under its new merger process, which applies to cases opened since 25 April 2024.

Administrative timetable

• Administrative timetable (PDF, 125KB) (3.12.24)

Contact

2agriculture.forfarmers@cma.gov.uk

Notice of extension to statutory period

28 November 2024: On 20 November 2024, Boparan and ForFarmers requested, in accordance with section 39(8A) of the Enterprise Act 2002, the CMA disregard a specified period of time for the purposes of the reference period. Further to the conclusion of the suspension period, a notice of extension confirming the updated statutory deadline has been published.

• Notice of extension (PDF, 112KB) (28.11.24)

Inquiry group appointed

20 November 2024: The CMA has appointed the inquiry group: Kirstin Baker (Chair), Maria Da Cunha, Anne Fletcher and Karthik Subramanya.

Terms of reference

20 November 2024: The CMA has referred the anticipated acquisition by Boparan Private Office Limited, via 2 Agriculture Limited of ForFarmers UK Limiteds Burston and Radstock feed mills for an in-depth investigation.

• Terms of reference (PDF, 102KB) (20.11.24)

Phase 1

Statutory timetable

Reference decision

20 November 2024: The CMA has referred the anticipated acquisition by Boparan Private Office Limited, via 2 Agriculture Limited of ForFarmers UK Limiteds Burston and Radstock feed mills for an in-depth investigation, on the basis that, on the information currently available to it, 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.

• Decision to refer (PDF, 173KB) (11.12.24)

Reference unless undertakings accepted

6 November 2024: The CMA has decided, on the evidence 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 an in-depth, phase 2 investigation unless the parties offer an acceptable undertaking to address these competition concerns.

• Full text decision (PDF, 532KB) (11.12.24)
• Summary of phase 1 decision (PDF, 141KB) (6.11.24)
• Press release: Poultry feed deal may raise prices for farmers in East Anglia (6.11.24)

Launch of merger inquiry

11 September 2024: The CMA announced the launch of its merger inquiry by notice to the parties.

• Commencement notice (PDF, 91KB) (11.9.24)

Invitation to comment: closed 25 September 2024

11 September 2024: The 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.

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.

Initial enforcement order

1 August 2024: The CMA has served an initial enforcement order under section 72(2) of the Enterprise Act 2002 in relation to the acquisition by Boparan Private Office Limited (via 2 Agriculture Limited) of ForFarmers UK Limiteds Burston and Radstock feed mills.

• Initial enforcement order (PDF, 139KB) (2.8.2024)

Amendments/consents granted:

• Derogation 13 December 2024 (PDF, 115KB) (20.12.24)