REG - Competition and Mkts - Merger Update: Dye & Durham/TM Group

Dye & DurhamAnnouncement

23/12/2021 13:00

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RNS Number : 4932W  Competition and Markets Authority  23 December 2021

Merger reference decision announced:

 

On 9 December 2021, the CMA decided that it was or may be the case that the
following Merger has resulted or may be expected to result in a substantial
lessening of competition within a market or markets in the United Kingdom.

 

Completed acquisition by Dye & Durham Limited, through its subsidiary Dye
& Durham (UK) Limited, of TM Group (UK) Limited (the Merger)

 

Pursuant to section 73A(1) of the Enterprise Act 2002 (the Act), on 16
December 2021, Dye & Durham Limited offered an undertaking (the Proposed
Undertaking) to remedy the CMA's concerns that might be accepted by the CMA
under section 73(2) of the Act.

 

Following an assessment of the Proposed Undertaking, the CMA considers that it
is not a clear-cut solution to the competition concerns identified arising
from the Merger.  Accordingly, the CMA has decided not to exercise its
discretion under section 73(2) of the Act to accept undertakings in lieu of
reference.  Therefore, pursuant to sections 22(1) and 34ZA(2) of the Act, the
CMA has decided to refer the Merger to its chair for the constitution of a
group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 to
conduct an in-depth investigation.

 

The text of this decision will be placed on the Competition and Markets
Authority's website at https://www.gov.uk/cma-cases
(https://www.gov.uk/cma-cases) as soon as is reasonably practicable.

 

For media enquiries, please contact the CMA press office on 020 3738 6460 or
press@cma.gov.uk (mailto:press@cma.gov.uk) .

 

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