Notícias

Domestic appliances deal cleared by the CMA

Following a provisional clearance in February, the CMA is now allowing the proposed deal between Arçelik and Whirlpool to go ahead.From:Competition and Markets AuthorityPublished7 March 2024

Arçelik and Whirlpool are two of the largest suppliers of major domestic appliances (MDAs) in the UK, including washing machines, tumble dryers, dishwashers and cooking appliances. Arçelik supplies MDAs primarily under the Beko, Blomberg and Grundig brands, and Whirlpool supplies MDAs primarily under the Indesit and Hotpoint brands.

The Competition and Markets Authority (CMA) referred the deal to a Phase 2 review after initially identifying concerns which warranted further investigation during its Phase 1 investigation.

Since then, an independent CMA panel has gathered and analysed a wide range of evidence – including seeking views from businesses and customers – in order to assess the potential impact of this deal.

The panel reviewed evidence which showed that while Arçelik and Whirlpool both have strong market positions, they will continue to face significant competition from other suppliers. This includes well known suppliers and brands such as BSH (including its Bosch and Neff brands), Haier Group (including its Hoover and Candy brands), Samsung and LG; retailers’ ‘private label’ brands such as Logik and Bush (Currys and Argos); and more recent entrants such as Hisense. 

The evidence also showed that the competitive landscape has changed considerably in recent years and continues to do so. Whirlpool’s market position in MDAs has significantly declined over the last decade, and it is likely that its European MDA business will be fundamentally different in the future. At the same time, suppliers such as Haier Group and Hisense have gained market share, and it is likely that they will continue to expand. These market dynamics are supported by a range of evidence, including from internal documents, financial analysis and third parties.

Martin Coleman, chair of the independent expert panel conducting the investigation, said:

We conducted a thorough investigation into this deal, which included extensive engagement with customers, competitors, and others. We found that the deal may not be expected to harm competition, with shoppers continuing to benefit from a wide range of options.

As such, we believe this deal should be allowed to proceed.

For more information, visit the  Arçelik /Whirlpool case page.

Notes to editors:

1. Publication of the final report marks the end of the CMA’s Phase 2 investigation.
2. In a Phase 2 review, the panel considers whether there is a more than 50% chance that a deal may be expected to substantially lessen competition (SLC) – a higher threshold than the ‘realistic prospect’ SLC test that is applied by the CMA in Phase 1. Accordingly, some deals that are referred to Phase 2 may ultimately be cleared.
3. Pursuant to a Contribution Agreement dated 16 January 2023, Arçelik will set up a new standalone business, Beko Europe B.V., to which Arçelik will contribute its European MDA and small domestic appliances businesses and Whirlpool will contribute its EMEA MDA business. On completion of the deal, Arçelik will hold c.75%, and Whirlpool will hold c.25%, of the shares in Beko Europe.
4. In February 2024, the CMA provisionally found that the deal may not be expected to result in a substantial lessening of competition in any markets in the UK, including for the supply of washing machines, tumble dryers, dishwashers and cooking appliances (which comprises cookers, ovens and hobs). Having considered representations received, that provisional finding is now confirmed in the CMA’s final report.
5. For more information, journalists should contact the CMA press office by email on press@cma.gov.uk or by phone on 020 3738 6460.

Suspected anti-competitive conduct in relation to the supply of chemicals for use in the construction industry

The CMA is investigating suspected anti-competitive conduct in relation to the supply of chemical admixtures and additives for use in concrete, cement, mortars and related construction products under Chapter I CA98.From:Competition and Markets AuthorityPublished17 October 2023Last updated7 March 2024 — See all updatesCase type:CA98 and civil cartelsCase state:OpenMarket sector:Building and constructionOpened:17 October 2023

Contents

1. Administrative timetable
2. Update on judicial review of Competition Appeal Tribunal decisions
3. Case information
4. Personal data
5. Contacts
   1. Media enquiries

Administrative timetable

Update on judicial review of Competition Appeal Tribunal decisions

On 13 and 14 March 2024, the Administrative Court will hold a hearing to decide whether to hear and, if so, determine an application for judicial review brought by the Competition and Markets Authority against the Competition Appeal Tribunal arising in connection with an application made by the CMA in October 2023 to the Tribunal for warrants in respect of this investigation. The grounds of judicial review are: that the Tribunal made an error of law in applying s28A(1)(b)(ii) of the Competition Act 1998; the Tribunal exceeded its powers as concerns citation of authority; and the Tribunal’s order of 8 December 2023 was ultra vires.

Case information

On 17 October 2023, the CMA launched an investigation under Chapter I of the Competition Act 1998 (‘CA98’) into suspected anti-competitive conduct relating to the supply of chemical admixtures and additives for use in concrete, cement, mortars and related construction products in the UK. The investigation concerns a suspected infringement or infringements of Chapter I CA98 involving a number of suppliers of these chemicals and some industry bodies.

No assumption should be made at this stage that the CA98 has been infringed. The CMA has not reached a view as to whether there is sufficient evidence of an infringement of competition law for it to issue a statement of objections to any of the parties under investigation. Not all cases result in the CMA issuing a statement of objections.

If the CMA issues a statement of objections, it will provide the addressee(s) of that statement of objections with an opportunity to make written and oral representations, before it makes a final decision. Further details are available in the CMA’s investigation procedures in CA98 cases.

• Press notice: CMA launches investigation into the supply of chemicals for use in construction industry. (17.10.23)

Personal data

The CMA may collect, use and share personal data for its investigations, including investigations under the Competition Act 1998. This includes processing personal data for the purposes of the UK General Data Protection Regulation and the Data Protection Act 2018. For more information about how the CMA handles personal information, please see the CMA’s Personal Information Charter.

Contacts

For any enquiries relating to this case, please contact:

• Project Director: Deborah Wilkie, deborah.wilkie@cma.gov.uk
• Senior Responsible Officer: Juliette Enser, juliette.enser@cma.gov.uk

Media enquiries

• press@cma.gov.uk, 020 3738 6460

Published 17 October 2023
Last updated 7 March 2024 + show all updat

Casos

CADE

Ato de Concentração nº 08700.001170/2024-10

Requerentes: Scheffer Participações S.A. e SLC Agrícola S.A. Advogados: Ricardo Gaillard e Thales Lemos. Decido pela aprovação sem restrições.

Ato de Concentração nº 08700.001085/2024-43

Requerentes: Oncoclínicas do Brasil Serviços Médicos S.A. e Unimed Salto/Itu – Cooperativa Médica. Advogados: Camilla Paoletti, Lea Jenner de Faria e Joyce Silva Ricarte. Decido pela aprovação sem restrições.

Ato de Concentração nº 08700.001241/2024-76

Requerentes: Serra Diesel Transportador Revendedor Retalhista S.A. e Abastecedora Gral Ltda. Advogados: Gabriel Nogueira Dias, Hermes Nereu Oliveira, Igor Ribeiro Azevedo. Decido pela aprovação sem restrições.

Ato de Concentração nº 08700.000886/2024-91

Requerentes: Cristália Produtos Químicos e Farmacêuticos Ltda. e Instituto Biochimico Indústria Farmacêutica Ltda. Advogados: Joyce Alves e Clovis Lores. Decido pela aprovação sem restrições.

Ato de Concentração nº 08700.000912/2024-81

Requerentes: Amaggi Exportação e Importação Ltda. e Milhão Indústria e Comércio de Ingredientes e Cereais Ltda. Advogados: Rodrigo Orlandini, Ademir Antonio Pereira Jr., Yan Villela Vieira e Andre Funtowicz. Decido pela aprovação sem restrições.

Comissão Europeia

LANTMÄNNEN / HKSCAN SWEDEN

Merger

M.11442

Last decision date: 06.03.2024 Simplified procedure

BPIFRANCE / MERIDIAM / EXOES

Merger

M.11411

Last decision date: 06.03.2024 Simplified procedure

Autorité de la Concurrence

24-D-02
relative à des pratiques mises en œuvre dans le secteur de la distribution de chocolats

Décision|

06 février 2024

CMA

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…
  • Updated: 7 March 2024

Arçelik / Whirlpool EMEA merger inquiry

• The CMA is investigating the anticipated joint venture between Arçelik A.Ş. (via Ardutch B.V.) and Whirlpool Corporation (via Whirlpool EMEA Holdings LLC)
  • Updated: 7 March 2024