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Phase 2

Administrative timetable

Referral date: 22 March 2024

Statutory deadline: 5 September 2024

• Administrative timetable (PDF, 123KB) (10.4.24)

Contact

Case team email: tlsugars-tereos@cma.gov.uk

Competition Appeal Tribunal judgment

25 October 2024: On 22 April 2024 Tereos appealed to the Competition Appeal Tribunal (CAT) challenging the publication of the Phase 1 Decision. An interim injunction was granted by the CAT against the CMA on 22 April 2024, which prevented the CMA from publishing the Phase 1 Decision containing references to the CMAs consideration of the Exiting Firm Counterfactual pending further order of the CAT.

Following a hearing in the CAT on 23 May 2024, the CAT made an order on 16 July 2024 discharging the injunction on the basis that in deciding to publish the Phase 1 Decision with the inclusion of the [disputed] information the CMA did not make any error of law and did not act irrationally. The CMA was able to publish the Phase 1 Decision at that time. The judgment has been handed down today following the completion of the transaction. Tereoss appeal was dismissed on all grounds.

A spokesperson for the CMA said:

The CMA welcomes the CATs judgment which found in our favour on both grounds. The judgment serves as a reminder that the CAT will largely defer to the CMA about the information it considers necessary or important to publish to effectively conduct its work. The CMA carefully assesses the need to publish information and the harm that it may or may not cause to individuals and businesses. In this case, the Tribunal has found no valid basis for undermining the CMAs assessment.

• Competition Appeal Tribunal judgment (25.10.24)

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.

• Penalty notice (PDF, 334KB) (26.9.24)
• Press release: Tereos fined for failure to comply with CMA merger procedures (26.9.24)

Final report

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

• Final report (PDF, 393KB) (3.9.24)

• Appendices and glossary (PDF, 159KB) (3.9.24)

• Summary of final report (PDF, 123KB) (3.9.24)

• Press notice: Sugar deal cleared by CMA (3.9.24)

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.

• Notice of provisional findings (PDF, 122KB) (6.8.24)
• Provisional findings (PDF, 395KB) (6.8.24)
• Appendices and glossary (PDF, 159KB) (6.8.24)
• Summary of provisional findings (PDF, 115KB) (6.8.24)
• Press notice: CMA provisionally clears sugar deal (6.8.24)

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.

• Issues statement (PDF, 195KB) (17.7.24)
• Phase 1 Decision (PDF, 592KB) (17.7.24)

Responses to the issues statement

• TLS response (PDF, 272KB) (14.6.24)
• Tereos response (PDF, 321KB) (29.7.24)

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.

• Issues statement (PDF, 207KB) (26.4.24)

Inquiry group appointed

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

• Chair, Richard Feasey
• Sir Kenneth Parker
• Frances McLeman
• Ulrike Hotopp

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.

• Terms of reference (PDF, 104KB) (22.3.24)

Statutory timetable

Phase 1

Action

8 March 2024

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