Merger Update: Dye & Durham/TM Group

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 as soon as is reasonably practicable.

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