Bouygues / Equans

CMA invites comments on high-speed overhead catenary systems (OCS) merger remedy:

The Competition and Markets Authority (CMA) has opened a consultation on undertakings proposed by Bouygues S.A. (Bouygues)and Equans S.A.S. (Equans) (together, the Parties) to address competition concerns over Bouygues' acquisition of Equans.

On 19 July 2022, the CMA announced that it would refer the acquisition for an in-depth investigation unless the Parties offered acceptable undertakings to address the CMA's concerns.

To address the CMA's concerns, the Parties have offered to appoint an independent third party expert to assess each of their bids to supply high-speed OCS in the UK and determine which of the two tenders is most economically advantageous for the customer, and to then withdraw the less economically advantageous bid.

On 2 August 2022, the CMA announced that it would look in detail at these undertakings. The CMA has until 28 September 2022 to consider whether to accept the undertakings, or a modified version of them. As part of this process, the CMA is now consulting publicly on whether the proposals are sufficient to address the CMA's competition concerns.

Before reaching a final decision, the CMA is therefore inviting interested parties to make their views known. The deadline for responses is 14 September 2022.

The consultation on the undertakings and all other information relating to this merger investigation can be found on the case page at Bouygues S.A. / Equans S.A.S. merger inquiry - GOV.UK (www.gov.uk)

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