Notícias

AdC investiga restrição de vendas praticada por comercializador de Software de Aplicação Empresarial

Comunicado 01/2024
10 de janeiro de 2024

A investigação
A Autoridade da Concorrência (AdC) está a investigar uma restrição de vendas imposta por uma das principais empresas de comercialização de Software de Aplicação Empresarial (EAS) sobre os seus distribuidores, com vista à limitação da distribuição e à repartição do mercado deste tipo de produtos e dos serviços associados.
Em novembro de 2022, a AdC determinou a abertura da investigação, da qual resultaram indícios de que a empresa em causa terá impedido os seus distribuidores de apresentar propostas no âmbito de procedimentos de contratação pública e privada, pelo menos, entre 2015 e 2022.
Em 28 de dezembro de 2023, a AdC emitiu uma Nota de Ilicitude (acusação) dirigida à empresa responsável pela prática e à sua sociedade mãe e procedeu ao arquivamento relativamente aos distribuidores, pondo fim à fase de inquérito e dando início à fase de instrução do processo.

A Nota de Ilicitude
Sempre que a AdC conclua, com base na investigação realizada, que existe uma possibilidade razoável de vir a ser proferida uma decisão final que declare a existência de uma infração, emite uma Nota de Ilicitude (acusação).
Na fase de instrução, agora iniciada, a AdC dá a oportunidade às empresas acusadas – que beneficiam da presunção de inocência – de exercer os seus direitos de audição e defesa em relação aos comportamentos investigados pela AdC, à prova reunida e à sanção em que poderão incorrer.
Concluída esta fase do processo e ponderados todos os elementos disponíveis, a AdC adota uma decisão final.

A prática em causa
A empresa responsável pela restrição de vendas limitou a distribuição dos seus produtos e repartiu o mercado, impedindo os seus distribuidores de apresentar propostas no âmbito de procedimentos de contratação pública e privada.
Sempre que um fornecedor implemente um sistema de distribuição através do qual qualifica um conjunto de distribuidores para revender os seus produtos (distribuição seletiva), deve abster-se de interferir na sua liberdade comercial, já que tal é uma prática contrária à Lei da Concorrência e prejudicial aos consumidores.
A violação das regras da concorrência não só reduz o bem-estar dos consumidores, como prejudica a competitividade das empresas, penalizando a economia.

Referral of the proposed subsidy scheme, Contracts for Difference for Renewables (as at Allocation Round 6), by the Department for Energy Security and Net Zero

The Subsidy Advice Unit (SAU) has accepted a request for a report from the Department for Energy Security and Net Zero (DESNZ) for a report concerning its proposed subsidy scheme Contracts for Difference for Renewables (as at Allocation Round 6).From:Competition and Markets AuthorityPublished11 January 2024Case type:SAU referralCase state:OpenMarket sector:EnergyOpened:11 January 2024

Contents

1. Administrative timetable
2. Request from DESNZ
3. Information about the subsidy scheme provided by DESNZ
4. Information for third parties
   1. Notes to third parties wishing to make a submission
5. Contacts

Administrative timetable

Request from DESNZ

11 January 2024: The SAU has accepted a request for a report from DESNZ for its proposed subsidy scheme, the Contracts for Difference (CfD) for Renewables (as at Allocation Round 6). This request relates to a Subsidy Scheme of Particular Interest.

The SAU will prepare a report, which will provide an evaluation of DESNZ’s assessment of whether the subsidy scheme complies with the subsidy control requirements (Assessment of Compliance). The SAU will complete its report within 30 working days.

Information about the subsidy scheme provided by DESNZ

The CfD scheme has existed since 2014 and aims to encourage low carbon electricity generation. CfDs are long-term (15-year) contracts between a low carbon electricity generator and the CfD counterparty, the Low Carbon Contracts Company (LCCC). The generator sells the electricity at a variable market price. When the market price is below the strike price agreed in the CfD, the generator receives a top-up payment from LCCC for the additional amount (funded by a levy on electricity suppliers). When the market price is above the strike price, the generator must pay back the difference to LCCC. The CfD is open to application from any eligible renewable electricity generating station being or to be built in Great Britain.

Eligible technologies are: advanced conversion technologies, anaerobic digestion (>5MW), dedicated biomass with combined heat and power (CHP), energy from waste with CHP, floating offshore wind, geothermal, hydro (>5MW and <50MW), landfill gas, offshore wind, onshore wind (>5MW), remote island wind (>5MW), sewage gas, solar photovoltaic (>5MW), tidal stream, and wave. Typically, CfDs are offered following a competitive allocation round, and the lowest bids are accepted until the maximum budget for the allocation round is reached.

Allocation Round 6 (AR6) is planned to open to applications in March 2024. The main proposed change to the scheme for AR6 is amending the Private Network CFD Agreement to make renewable generators that directly supply offshore oil and gas facilities ineligible for that Agreement. Further minor changes have been made or are planned. These include plans for broadly administrative changes to the CfD contract terms and conditions, clarificatory changes to the allocation framework (which sets out the rules for AR6 and eligibility requirements applicants must satisfy), and updating of guidance and some questions on supply chain plans (whereby developers commit to actions to strengthen the capacity, productivity and competitiveness of their supply chains).

DESNZ has published core auction parameters for AR6 which include moving to 3 technology groups, or ‘pots’, with offshore wind moving into Pot 3 to compete in its own auction. DESNZ do not anticipate changing these parameters but, if amendments become necessary, they will notify developers and issue the updated parameters with the final budget, which will be published in March 2024, ahead of the round opening.

This budget will represent the yearly budget cap available for AR6 auctions over the relevant 4-year valuation period, though successful projects will receive subsidy over a 15-year period, so an estimate will be provided for the total subsidy amount on the transparency database. As an indication, the estimated total subsidy amount for AR4 was £15 billion and for AR5 it was £5 billion, though the estimated total subsidy amount for AR6 may be lower or higher than these figures. (These estimates are highly uncertain as actual payments will depend on market wholesale prices at the time and how much electricity each project generates: for further information, read Contracts for Difference (CfD) Allocation Round 4: Subsidy Control Transparency Database estimates and Contracts for Difference (CfD) Allocation Round 5: Subsidy Control Transparency database estimates.

Information for third parties

If you wish to comment on matters relevant to the SAU’s evaluation of the Assessment of Compliance concerning DESNZ’s proposed subsidy scheme, please send your comments before 5pm on the date stipulated in the timetable above. For guidance on representations relevant to the Assessment of Compliance, see the section on reporting period and transparency in the Operation of the subsidy control functions of the Subsidy Advice Unit.

Please send your submissions to us at: SAU-CfD2024@cma.gov.uk copying the public authority: ContractsforDifference@energysecurity.gov.uk

Please also provide a contact address and explain in what capacity you are making the submission (for example, as an individual or a representative of a business or organisation).

Notes to third parties wishing to make a submission

The SAU will only take your submission into account if it can be shared with DESNZ. The SAU will send a copy of your submission to DESNZ together with its report. This is to allow the public authority to take account of the submission in its decision as to whether to grant or modify the subsidy scheme or its assessment. We therefore ask that you provide express consent for your full and unredacted submission to be shared. We also encourage you to share your submission directly with DESNZ using the email address provided above.

The SAU may use the information you provide in its published report. Therefore, you should indicate in your submission whether any specified parts of it are commercially confidential. If the SAU wishes to refer in its published report to material identified as confidential, it will contact you in advance.

For further details on confidentiality of third party submissions, see identifying confidential information in the Operation of the subsidy control functions of the Subsidy Advice Unit.

Contacts

• SAU project team: SAU-CfD2024@cma.gov.uk
• CMA press team: 020 3738 6460 or press@cma.gov.uk

Published 11 January 2024

Referral of the proposed Industrial Energy Transformation Fund Phase 3 subsidy scheme, by the Department for Energy Security and Net Zero

The Subsidy Advice Unit (SAU) has published a report providing advise to the Department for Energy Security and Net Zero (DESNZ) concerning its proposed subsidy scheme, the Industrial Energy Transformation Fund Phase 3.From:Competition and Markets AuthorityPublished27 November 2023Last updated11 January 2024 — See all updatesCase type:SAU referralCase state:ClosedMarket sector:Mineral extraction, mining and quarryingOpened:24 November 2023Closed:11 January 2024

Contents

1. Administrative timetable
2. Final report
3. Request from DESNZ
4. Information about the subsidy provided by DESNZ
5. Information for third parties
6. Notes to third parties wishing to make a submission
7. Contacts

Administrative timetable

Final report

11 January 2024: The SAU has published its report providing advice to DESNZ concerning IETF Phase 3. The report includes the SAU’s evaluation of DESNZ’s Assessment of Compliance of its proposed scheme with the requirements set out in the Subsidy Control Act 2022.

• Final report (PDF, 260KB) (11.1.24)

Request from DESNZ

24 November 2023: The SAU has accepted a request for a report from DESNZ for its proposed subsidy scheme, the Industrial Energy Transformation Fund Phase 3. This request relates to a Subsidy Scheme of Particular Interest.

The SAU will prepare a report, which will provide an evaluation of DESNZ’s assessment of whether the subsidy scheme complies with the subsidy control requirements (Assessment of Compliance). The SAU will complete its report within 30 working days.

Information about the subsidy provided by DESNZ

Phase 3 of the Industrial Energy Transformation Fund provides grants supporting industrial sites to transition to a low carbon future. The fund targets existing industrial processes, helping businesses to reduce energy consumption by investing in more efficient technologies and reduce emissions by bringing down the costs and risks associated with investing in decarbonisation technologies.

The fund is open to a broad range of industrial sectors, supporting businesses of all sizes, both within and outside of industrial clusters. Phase 3 of the IETF will be open to companies with industrial sites located in England and Wales. These companies can lead an application independently or can collaborate with project partners, including other companies and research organisations.

Under the branding of the IETF, DESNZ separately administers grants to beneficiaries in Northern Ireland. The Scottish Government administers a separate Scottish IETF for industries located in Scotland. The Scottish IETF and Northern Ireland schemes are not included within the scope of this referral.

Businesses must operate an existing site which falls into one of the following sectors:

• mining and quarrying (with the exception of coal mining operations, removed in Phase 3)
• manufacturing
• recovery and recycling of materials
• data centres
• industrial laundries (added in Phase 3)
• controlled environment horticulture (added in Phase 3)

Funding will be allocated across 3 strands:

• deployment of energy efficiency technologies;
• deployment of decarbonisation technologies, and;
• studies to help sites investigate what solution would work on their site

Subsidies will be allocated as grants. Grants are offered against clearly defined eligible costs and aid intensity thresholds, and the applicant must demonstrate their grant claim is necessary to the successful delivery of the project or study. Subsidy intensities have not changed from previous phases, so until guidance for Phase 3 is published, please see section ‘4.5.6 Organisation Size & Grant amount requested’ in the IETF Autumn 2022 applicant guidance.

The Phase 3 budget will be allocated by DESNZ across 2 application windows. This subsidy control assessment is for Phase 3 of the IETF.

Information for third parties

If you wish to comment on matters relevant to the SAU’s evaluation of the Assessment of Compliance concerning DESNZ’s proposed scheme, the Industrial Energy Transformation Fund Phase 3, please send your comments before 5pm on the date stipulated in the timetable above. For guidance on representations relevant to the Assessment of Compliance, see the section on reporting period and transparency in the Operation of the subsidy control functions of the Subsidy Advice Unit.

Please send your submissions to us at SAU-IETFPhase3-2023@cma.gov.uk copying the public authority IETF@energysecurity.gov.uk

Please also provide a contact address and explain in what capacity you are making the submission (for example, as an individual or a representative of a business or organisation).

Notes to third parties wishing to make a submission

The SAU will only take your submission into account if it can be shared with DESNZ. The SAU will send a copy of your submission to DESNZ together with its report. This is to allow the public authority to take account of the submission in its decision as to whether to grant or modify the subsidy or its assessment. We therefore ask that you provide express consent for your full and unredacted submission to be shared. We also encourage you to share your submission directly with DESNZ using the email address provided above.

The SAU may use the information you provide in its published report. Therefore, you should indicate in your submission whether any specified parts of it are commercially confidential. If the SAU wishes to refer in its published report to material identified as confidential, it will contact you in advance.

For further details on confidentiality of third party submissions, see identifying confidential information in the Operation of the subsidy control functions of the Subsidy Advice Unit.

Contacts

• SAU project team: SAU-IETFPhase3-2023@cma.gov.uk
• CMA press team: 020 3738 6460 or press@cma.gov.uk

Published 27 November 2023
Last updated 11 January 2024 + show all updates

Ministers ask the CMA to set out plans for implementing the Digital Markets competition regime

The Parliamentary Under Secretaries of State at the DBT and DSIT have written to the CMA asking it to set out its plans and proposed timelines to implement the new Digital Markets competition regime.From:Competition and Markets AuthorityPublished5 January 2024Last updated11 January 2024 — See all updatesGet emails about this page

Documents

Letter to the CMA on implementing the regime

PDF, 100 KB, 2 pages

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CMA response to DBT and DSIT on implementing the regime

PDF, 115 KB, 2 pages

Letter from CMA to DBT and DSIT introducing provisional approach

PDF, 132 KB, 1 page

Details

The Parliamentary Under Secretaries of State at the Department for Business and Trade and the Department for Science, Innovation and Technology wrote to the Competition and Markets Authority (CMA) asking it to set out its plans and proposed timelines to implement the new Digital Markets competition regime as envisaged under Part 1 of the Digital Markets, Competition and Consumers Bill.

CMA sets out approach to new digital markets regime

Sarah Cardell to tell Silicon Valley tech conference the new regime will be ‘evidence-based, targeted and proportionate.’From:Competition and Markets AuthorityPublished11 January 2024

The Competition and Markets Authority (CMA) has today published an overview of how it intends to operate the new digital markets competition regime as currently proposed by the Digital Markets, Competition and Consumers (DMCC) Bill.   

The document, which comes in response to a request from UK government ministers, details the principles that will guide the CMA’s approach to its new role. This will include tailoring the CMA’s actions to the specific problems that are identified; focusing on where it can have the most impact for people, businesses, and the UK economy; engaging with a wide range of stakeholders; and operating with transparency.

The CMA also plans to convene groups representing UK consumers, businesses and tech professionals that will be consulted and help prioritise its work. This is in addition to the 9 tech experts appointed last year, who have been assisting the CMA in preparing for the new regime.  

The document provides an overview of the outcomes the CMA will seek to achieve and the issues it will seek to address and sets out 11 principles underpinning how the CMA will carry out its new digital markets role.

The digital markets competition regime will only apply to firms designated by the CMA, following an evidence-based investigation and public consultation, as having Strategic Market Status (SMS) in relation to one or more digital activities. The CMA expects to start 3 to 4 SMS investigations within the first year of the new regime coming into force. Once a firm is designated with SMS, the CMA can then take action to address or prevent problems.

If the CMA finds businesses are using their status to gain an unfair competitive advantage, it will take targeted and proportionate action to address the behaviour. In some cases, this will mean imposing conduct requirements on firms in relation to the digital activity for which they have been designated. These could, for example, include:

• preventing SMS firms from preferencing their own products and services, or by making SMS firms provide competitors with greater access to data and functionality.
• requiring SMS firms to allow the products and services of other firms to work with their own, or ensuring SMS firms provide their users with an effective choice.
• mandating SMS firms to trade on fairer terms or requiring them to increase transparency with respect to aspects of their algorithms.

Widespread stakeholder engagement will be critical to the success of the new regime and the publication of the overview document coincides with a senior CMA delegation visiting the US West Coast to meet a wide range of major digital firms to explain how the new digital markets regime will operate and gain a deeper understanding of their businesses and operating environments.

Speaking at the annual Concurrences ‘Tech Antitrust’ Conference in Silicon Valley, Sarah Cardell – Chief Executive of the CMA – is expected to say:

Competitive digital markets are a key driver for investment and innovation, supporting the growth of the UK economy, and bringing huge benefits to UK businesses and consumers. The new digital markets competition regime will help ensure that tech challenger firms can bring forward genuinely disruptive and exciting new innovations that will create great new products for consumers. The new powers it will grant the CMA are substantial and we are committed to taking a targeted, evidence-based and proportionate approach to implementing them. 

Today’s overview document not only provides clarity for UK parliamentarians, but also for digital firms and wider stakeholders about the approach the CMA intends to take. To ensure the new regime operates as effectively as possible, it’s crucial that we continue to engage widely with a range of stakeholders, from the major tech players to challengers and users.

Once Parliament passes the Digital Markets, Competition and Consumers Bill, we will release more detailed draft guidance for consultation. This will mean that everyone is clear about how we intend to operate the regime and has the opportunity to provide their views. 

Notes To Editors

1. On 4 January, Department for Business and Trade (DBT) Minister Hollinrake and Department of Science, Innovation and Technology (DSIT) Minister Bhatti wrote to the CMA asking it to set out plans and proposed timelines to implement the new digital markets regime. In response, the CMA’s overview document has been published on its website.
2. A copy of Sarah Cardell’s remarks at the Tech Antitrust Conference, which is hosted by Concurrences, will be published on the CMA website later today.
3. As set out in the Bill, for any business to be able to be designated with strategic market status it must have:
   • Substantial and entrenched market power in a digital activity linked to the United Kingdom.
   • A position of strategic significance.
   • Global turnover of more than £25 billion or UK turnover of more than £1 billion.
4. The Digital Markets, Competition and Consumer Bill is currently going through the legislative process and led by DSIT.
5. For media queries, please contact the press office via press@cma.gov.uk or on 020 3738 6460.

Overview of the CMA’s provisional approach to implement the new Digital Markets competition regime

The CMA sets out its provisional approach to implement Part 1 of the Digital Markets, Competition and Consumer BillFrom:Competition and Markets AuthorityPublished11 January 2024Get emails about this page

Documents

Overview of the CMA’s provisional approach to implement the new Digital Markets competition regime

PDF, 385 KB, 28 pages

Details

This overview responds to a request from ministers from the Department for Business and Trade (DBT) and the Department for Science, Innovation and Technology (DSIT) for the CMA to set out how we intend to implement the new digital markets regime provided for under Part 1 of the Digital Markets, Competition and Consumer Bill.

The document details the principles that will guide our approach to our new role, including:

• tailoring our actions to the specific problems that are identified
• focusing on where we can have the most impact for people, businesses and the UK economy
• engaging with a wide range of stakeholders
• operating with transparency

Read previous correspondence between the DBT and DSIT, and the CMA, regarding the digital markets competition regime.

Published 11 January 2024

Commission clears Novozymes and Chr. Hansen merger, subject to conditions

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The European Commission has approved, under the EU Merger Regulation, the proposed merger between Novozymes A/S (‘Novozymes’) and Christian Hansen A/S (‘Chr. Hansen’). The approval is conditional upon full compliance with the commitments offered by the parties.

Novozymes and Chr. Hansen are both bioscience companies. Novozymes develops, manufactures and supplies industrial enzymes to multiple industries, such as agriculture, animal health food and beverage. Chr. Hansen develops natural ingredients solutions for the food, nutritional, pharmaceutical and agricultural industries.

The Commission’s investigation

The Commission’s investigation showed that the merger, as initially notified, would have reduced competition in the market for the manufacture of one specific enzyme, lactase, using genetic modification technology.

In particular, the Commission found that Chr Hansen had a project to start manufacturing this product and would very likely grow into an effective competitor within a short timeframe. The Commission also found that post-merger there would not be sufficient potential competitors to exert sufficient competitive pressure on the merged entity.

The proposed remedies

To address the Commission’s competition concerns, the parties offered to divest:

•   Chr. Hansen’s project to enter the market for the manufacture of lactase;

•   Chr. Hansen’s lactase distribution business; and

•   Novozymes’ lactase production facility.

These commitments fully address the competition concerns identified by the Commission, by paving the way for the creation of a divested business with the necessary production assets and research and development capabilities to grow as a viable competitive producer of lactase on a lasting basis. 

Following the positive feedback received in the context of the commitments’ market test, the Commission concluded that the transaction, as modified by the commitments, would no longer raise competition concerns.

The Commission also undertook a detailed investigation into whether this transaction could have a negative impact on innovation in the industrial biotech sector. After a comprehensive review and extensive benchmarking exercise, the Commission established that merged entity’s competitors have the equivalent ability to invest in R&D and that the parties do not have any specific R&D capabilities that rivals could not otherwise access.

The decision is conditional upon full compliance with the commitments. Under supervision of the Commission, an independent trustee will monitor their implementation.

Companies and products

Novozymes, headquartered in Denmark, is a publicly listed global bioscience company solely controlled by Novo Holdings A/S.

Chr. Hansen, headquartered in Denmark,is a publicly listed global bioscience company.

For More Information

The transaction was notified to the Commission on 20 October 2023.

The Commission has the duty to assess mergers and acquisitions involving companies with a turnover above certain thresholds (see Article 1 of the Merger Regulation) and to prevent concentrations that would significantly impede effective competition in the European Economic Area or any substantial part of it.

The vast majority of notified mergers do not pose competition problems and are cleared after a routine review. From the moment a transaction is notified, the Commission generally has a total of 25 working days to decide whether to grant approval (Phase I) or to start an in-depth investigation (Phase II). If commitments are proposed in Phase I, the Commission has 10 additional working days, bringing the total duration of a Phase I case to 35 working days, such as in this case.

More information will be available on the Commission’s competition website, in the public case register under the case number M.11043.

Casos

CADE

Ato de Concentração nº 08700.009243/2023-22

Requerentes: Genial Malls Fundo de Investimento Imobiliário e XP Malls Fundo de Investimento Imobiliário – FII. Advogados: Barbara Rosenberg, Luís Bernardo Coelho Cascão, Luiz Antonio Galvão, André Luís Menegatti e Marcela Abras Lorenzetti.

Ato de Concentração nº 08700.009142/2023-51

Requerentes: TGSJ Empreendimentos Imobiliários S.A. e Tegra Incorporadora S.A. Advogados: Eduardo Caminati, Marcio Bueno, Gulherme Misale e Lucas Rodrigues.

CMA

Hanson / Mick George merger inquiry

The CMA is investigating the anticipated acquisition by Hanson Quarry Products Europe Limited of Mick George Limited.From:Competition and Markets AuthorityPublished3 August 2023Last updated10 January 2024 — See all updatesCase type:MergersCase state:OpenMarket sector:Building and constructionOpened:3 August 2023

Statutory timetable

Phase 1

Extension of consideration of undertakings in lieu

10 January 2024: The CMA has extended the consideration of undertakings in lieu of reference until 5 April 2024.

• Notice of extension (PDF, 93KB) (10.1.2024)

CMA to consider undertakings offered

8 December 2023: 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 Enterprise Act 2002. The full text of the decision will be published shortly.

Reference unless undertakings accepted

24 November 2023: The CMA has decided, on the information 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 a phase 2 investigation unless the parties offer acceptable undertakings to address these competition concerns.

• Summary of phase 1 decision (PDF, 145KB) (24.11.2023)
• Press release: Construction materials deal could curb competition in parts of England (24.11.2023)

Statutory timetable restarted

6 November 2023: The CMA has decided to cancel the extension in accordance with section 34ZB(7)(b) of the Enterprise Act 2002.

• Notice of termination of extension (PDF, 97KB) (6.11.23)

Statutory timetable suspended

24 October 2023: The statutory timetable was suspended on 24 October 2023 when Mick George Limited (MGL) failed to provide information and documents required by the CMA in a Notice under section 109 of the Enterprise Act 2002 by the deadline.

• Notice of extension (PDF, 95KB) (24.10.23)

Launch of merger inquiry

19 September 2023: The CMA announced the launch of its merger inquiry by notice to the parties.

• Commencement notice (PDF, 97KB) (19.9.23)

Invitation to comment: closed

3 August 2023: The Competition and Markets Authority (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.

These comments should be provided by the deadline set out above.

Contact

Please send written representations about any competition issues to Rob.Fitzgerald-Crisp@cma.gov.uk and Rhiannon.Jackson@cma.gov.uk.

Published 3 August 2023
Last updated 10 January 2024 + show all updates

Pennon / Sumisho Osaka Gas Water UK merger inquiry

The CMA is investigating the completed acquisition by Pennon Group Plc of Sumisho Osaka Gas Water UK Limited (including its subsidiaries Sutton and East Surrey Water Plc, Summit Water Limited, and Osaka Gas UK Limited) under the Water Industry Act 1991.From:Competition and Markets AuthorityPublished11 January 2024Case type:MergersCase state:OpenMarket sector:UtilitiesOpened:11 January 2024

Contents

1. Statutory timetable
2. Phase 1
   1. Initial enforcement order
3. Contact

Statutory timetable

(*) This date is the current statutory deadline by when the decision will be announced. If any change occurs, the information is refreshed as soon as practicable. However, the CMA cannot guarantee that the decision will be announced on or before this current deadline, as the deadline of a given case may change during the merger assessment process due to different reasons.

(**) The CMA has decided to investigate this transaction. This case page will be updated when the CMA formally commences its phase 1 investigation.

Phase 1

Initial enforcement order

11 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.

• Initial enforcement order (PDF, 169KB) (11.1.24)

Contact

Please send written representations about any competition issues to: Pennon.SOGWUK@cma.gov.uk.

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.

Published 11 January 2024

Comissão Europeia

ALCENTRA / PEOPLE & BABY

Merger

M.11401

Last decision date: 09.01.2024 Super simplified procedure

EIFFAGE GROUP / SALVIA HOLDING / SALVIA GROUP

Merger

M.11346

Last decision date: 09.01.2024 Simplified procedure

VERBUND / BURGENLAND ENERGIE / JV

Merger

M.11336

Last decision date: 09.01.2024 Simplified procedure