Press release

Tesco/Booker request fast track referral

Tesco and Booker have requested that the CMA make a ‘fast track� referral to phase 2 in its investigation into the merger.

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»Ê¹ÚÌåÓýapp Competition and Markets Authority (CMA) opened its phase 1 investigation into the merger in May which was due to be completed by 25 July. It is possible to accelerate the referral of merger cases to phase 2 when requested by the merging companies and if the CMA has sufficient evidence that the test for reference is met (see notes for editors).

If the CMA proceeds with a fast track procedure it would expect to issue a phase 1 decision within the next 10 working days. »Ê¹ÚÌåÓýapp statutory timetable for the in-depth phase 2 investigation would be 24 weeks.

»Ê¹ÚÌåÓýapp fast track process has been used in a number of CMA merger investigations previously including BT/EE and Ladbrokes/Coral.

All information relating to the investigation is available on the case page.

Notes for editors

  1. »Ê¹ÚÌåÓýapp CMA is the UK’s primary competition and consumer authority. It is an independent non-ministerial government department with responsibility for carrying out investigations into mergers, markets and the regulated industries and enforcing competition and consumer law. For CMA updates, follow us on Twitter , , and .

  2. Under the Enterprise Act 2002 (the Act) the CMA has a duty to make a reference to phase 2 if the CMA believes that it is or may be the case that a relevant merger situation has been created, or arrangements are in progress or in contemplation which, if carried into effect, will result in the creation of a relevant merger situation; and the creation of that situation has resulted, or may be expected to result, in a substantial lessening of competition within any market or markets in the United Kingdom for goods or services.

  3. Under the Act a relevant merger situation is created if 2 or more enterprises have ceased to be distinct enterprises; and the value of the turnover in the United Kingdom of the enterprise being taken over exceeds £70 million (‘the turnover test�) or as a result of the transaction, in relation to the supply of goods or services of any description, a 25% share of supply in the United Kingdom (or a substantial part thereof) is created or enhanced (‘the share of supply test�).

  4. All the CMA’s functions in phase 2 merger inquiries are performed by inquiry groups chosen from the CMA’s independent panel members. »Ê¹ÚÌåÓýapp appointed inquiry group is the decision-maker on phase 2 inquiries.

  5. Media enquiries to the CMA should be directed to [email protected] or 020 3738 6798.

Updates to this page

Published 29 June 2017