SSE Retail/Npower [Archived]
SSE Retail/Npower [Archived]

The following Competition practice note provides comprehensive and up to date legal information covering:

  • SSE Retail/Npower [Archived]
  • Case facts
  • Timeline

CASE HUB

ARCHIVED–this archived case hub reflects the position at the date of the decision of 10 October 2018; it is no longer maintained.

See further, timeline.

Case facts

OutlineUK merger investigation into the anticipated merger between SSE Retail and Npower. The transaction involves horizontal overlaps in markets for energy for domestic retail customers.

Latest developmentsOn 10 October 2018, the CMA issued its final report, clearing the transaction unconditionally after an in-depth phase 2 investigation.

PartiesSSE Retail comprises the household energy and services business in Great Britain of SSE plc (SSE).

Npower Group plc (Npower) is a British household and business energy supply company owned by innogy SE (innogy).
Market(s)Provision of electricity and gas in Great Britain.

BackgroundUnder the transaction, announced on 8 November 2017, SSE Retail and Npower are to merge into a new company that will be 65.6% owned by SSE’s shareholders and 34.4% owned by innogy. The merged company will be an independent energy company.

The parties notified the CMA, with the phase 1 investigation starting on 27 February 2018. The CMA issued an invitation to comment on the following day.

On 26 April 2018, the CMA decided that the acquisition met the test for reference for a phase 2 investigation and invited the parties to propose undertakings in lieu of reference.

On 8

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