CMA annual notice of intention to release expired remedies
The CMA gives notice of its intention to release 3 merger remedies which the CMA considers to have expired.
Some of the CMA’s remedies contain a specified time period or event beyond which they cease to have practical effect, but do not provide for the remedy itself to automatically terminate when that is fulfilled. In order to make most effective use of its limited resources, the CMA exercises its discretion not to carry out a remedy review process in relation to such remedies.
The CMA will discharge its duty under Schedule 10 of the Enterprise Act 2002 by publishing a Notice of its intention to release such remedies and to consult on that notice for a minimum of 15 days (in the case of undertakings) or 30 days (in the case of Orders).
The CMA is giving Notice of Intention to release the following such remedies:
Air France Finance S.A.S. and City Jet Ltd/VLM Airlines NVUndertakings in Lieu of Reference were given on 28 October 2008 by Air France S.A., CityJet Ltd, KLM Royal Dutch Airlines N.V. and VLM Airlines N.V.
The undertakings contain ongoing obligations, applicable for as long as London City Airport is not a Level 3 airport (paragraph 2.5). London City Airport became a Level 3 co-ordinated airport in 2010 and so these obligations have expired.
First Rail Holdings & Trenitalia UK/West Coast Partnership Rail FranchiseUndertakings in Lieu of Reference were given on 6 December 2019 by FirstGroup plc and Trenitalia SpA.
Paragraph 12.3 of the undertakings states that: “The provisions of these Undertakings will only apply … for so long as both the Operator of the Franchise and the Operator of the Trans Penine Express (TPE) Franchise are subject to Control by FirstGroup (in respect of TPE) and FirstGroup and Trenitalia (in respect of the Franchise).” This provision is therefore fulfilled if FirstGroup no longer operates both the TPE and the West Coast franchise.
On 28 May 2023 the operation of the TPE Franchise was transferred to the Department for Transport Operator of Last Resort. As a result, the TPE Franchise is no longer subject to the control of FirstGroup and therefore the undertakings have expired from that date.
Ecolab Inc/The Holchem Group LtdFinal Undertakings were given on 23 December 2019 by Ecolab Inc, Ecolab US 2 Inc, Ecolab (UK) Holdings Ltd and The Holchem Group Ltd.
The undertakings contain no ongoing obligations beyond 6 months after Final Disposal. Final Disposal took place on 28 May 2020, so these obligations have expired.
The CMA will consider any responses received before making a final decision on whether the above remedies will be released and will accordingly update this consultation page with a notice of release as applicable.
How to respondThe CMA requests that any submissions be accompanied by a non-confidential version which the respondent would be willing to have published on this consultation page when we publish the outcome