On 21 April 2020, the Competition Appeals Tribunal (the “CAT”) handed down its judgment (the “Judgment”) rejecting the appeal of Ecolab Inc. (“Ecolab”), a global company incorporated in the US, against the CMA’s merger decision on Ecolab’s acquisition of The Holchem Group Ltd (“Holchem”), a UK-based target. The judgment means that Ecolab must now continue with the sale of the majority of Holchem to an approved purchaser without delay.
The case reiterates the burden on merging parties to devise an effective and comprehensive remedies package; and the importance of respecting the CMA’s timing constraints. Merging parties should also not expect further consultation by devising alternative remedies packages for examination.
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