GovWire

T&L Sugars/Tereos merger inquiry

Competition Markets Authority

September 26
11:05 2024

Phase 2

Administrative timetable

Referral date: 22 March 2024

Statutory deadline: 5 September 2024

Contact

TLSugars-Tereos@cma.gov.uk

Notice of penalty

26 September 2024: The CMA has published a notice of a penalty imposed on Tereos SCA and Tereos United Kingdom and Ireland Limited (together Tereos) on 25 September 2024 under section 110 of the Enterprise Act 2002 (the Act). The CMA found that Tereos, without reasonable excuse, failed to comply in full with the requirements imposed on it by the notice issued to Tereos under section 109 of the Act on 12 April 2024.

Final report

3 September 2024: The CMA has published its final report:

Provisional findings

6 August 2024: The CMA has provisionally cleared the anticipated acquisition by T&L Sugars Limited of certain assets of Tereos United Kingdom and Ireland Limited.

The deadline for submitting responses to the provisional findings is 27 August 2024, 5pm.

Updated issues statement and Phase 1 Decision

17 July 2024: The CMA has today published further unredacted versions of the Decision on relevant merger situation and substantial lessening of competition full text (Phase 1 Decision) and the issues statement. The additional text is relevant to the CMAs assessment of the counterfactual and is included in Section 4 of the Phase 1 Decision and paragraphs 15 to 18 of the issues statement. We welcome any additional responses from interested third parties on these documents. The deadline for submissions on these documents is 31 July 2024, 5pm.

Responses to the issues statement

Issues statement

26 April 2024: The issues statement sets out the scope of the inquiry. It outlines initial theories on what might be adversely affecting competition, but it does not set out findings or conclusions. The deadline for submissions on the issues statement is 5pm, 10 May 2024.

Inquiry group appointed

3 April 2024: The CMA has appointed the inquiry group.

Terms of reference

22 March 2024: The CMA has referred the anticipated acquisition by T&L Sugars Limited of certain assets of Tereos United Kingdom and Ireland Limited for an in-depth investigation.

Statutory timetable

Phase 1 Action
8 March 2024 Decision announced
12 January 2024 Launch of merger inquiry
12 January to 26 January 2024 Invitation to comment

Phase 1

Reference decision

22 March 2024: The CMA has referred the anticipated acquisition by T&L Sugars Limited of certain assets of Tereos United Kingdom and Ireland Limited 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.

Reference unless undertakings accepted

8 March 2024: 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. The transaction will be referred for a phase 2 investigation unless the parties offer acceptable undertakings to address these competition concerns.

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