Merger Update: Viagogo / StubHub

"Merger reference decision announced:

On 11 June 2020, the CMA decided that it is 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 PUG LLC (VIAGOGO) OF THE STUBHUB BUSINESS OF EBAY INC.

Pursuant to section 73A(1) of the Act, on 18 June 2020, the merging parties offered undertakings to the CMA (the Proposed Undertakings) that might be accepted by the CMA under section 73(2) of the Enterprise Act 2004 (the Act).

Following an assessment of these undertakings, the CMA considers that the Proposed Undertakings offered by the Parties are not a clear-cut solution to the competition concerns identified as 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 a phase 2 investigation.

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

In the event of media enquiries please email Press@cma.gov.uk or call Press Office on 020 3738 6460.