Consultation on provisional decisions on reviews of three merger undertakings and one market investigation Order

The CMA has made provisional decisions that, due to relevant changes in circumstances, the following CMA remedies are no longer appropriate and should be released/revoked:

• The Energy Market Investigation (ECOES/DES) Order 2016, made on 14 December 2016 following the CMA report Energy market investigation: Final report which was published on 24 June 2016

• Undertakings in Lieu of reference given on 17 August 2011 by Subsea 7 S.A. and Acergy M.S. Ltd. following the Office of Fair Trading’s decision: Anticipated acquisition by Acergy SA of Subsea 7 Inc which was published on 2 February 2011

• Undertakings in Lieu of reference given by Home Retail Group plc on 8 August 2008 following the Office of Fair Trading’s decision: Completed acquisition by Home Retail Group plc of 27 leasehold properties from Focus (DIY) Ltd which was published on 12 May 2008

• Undertakings given by Lloyds TSB Group plc on 18 February 2002 following the Competition Commission’s report: Lloyds TSB Group plc and Abbey National plc: A report on the proposed merger (Cm 5208) which was published on 10 July 2001

The CMA consulted on changes in circumstance and consequent potential outcomes in its launch decision consultation, which ran from 21 November 2023 to 12 December 2023.

We are keen to receive relevant evidence from interested parties to help us reach final decisions on these reviews.

Respondents should provide their views supported with relevant evidence where possible, in writing to the CMA at the address below by 5pm on Monday 12 December 2023. We will then consider the views and evidence received before reaching final decisions.

Further information on this review can be found on our case page.

The CMA requests that all submissions be accompanied by a non-confidential version which the respondent would be willing to have published on the CMA website when we publish our provisional decision.