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CMA launches Phase 2 probe into Vodafone-Three merger

The Competition and Markets Authority (CMA) has launched a Phase 2 investigation into the merger between Vodafone UK and Three UK over concerns it may result in a “substantial lessening of competition”.

The CMA announced today that it would be following up its initial Phase 2 investigation, which it started in January, with an in-depth 40-working day probe focused on the potential impact of the deal UK consumers and businesses.

Last year, both businesses announced a new joint venture agreement which would bring their 27 million customers under a new, single network provider.

The CMA is concerned the deal could lead to mobile customers facing higher prices and reduced quality.

The CMA's Phase 1 investigation found that Vodafone UK and Three UK provide important alternatives for mobile customers. Both have made significant investments in their networks in recent years – which includes the rollout of 5G. The CMA is concerned that combining these two businesses will reduce rivalry between mobile operators to win new customers. Competitive pressure can help to keep prices low, as well as provide an important incentive for network operators to improve their services, including by investing in network quality.

The CMA is also concerned that the deal may make it difficult for smaller mobile virtual network operators such as Sky Mobile, Lebara and Lyca Mobile to negotiate good deals for their own customers, by reducing the number of MNOs capable of hosting these networks.

When announcing their deal last year, both Vodafone UK and Three UK claimed that combining both businesses would result in significant benefits to customers as well as speed up the deployment of new technologies.

The CMA said that Vodafone UK and Three UK's claims are based on a number of assumptions about how they will combine and invest in their networks post-merger. The CMA said that these assumptions need more detailed assessment, particularly given its concerns that the merger may reduce mobile operators’ overall incentives to invest in their networks.

Julie Bon, Phase 1 decisionmaker for this case at the CMA, said, "Millions of people in the UK depend on effective competition in the mobile market in order to access the best deals for them.

"Whilst Vodafone and Three have made a number of claims about how their deal is good for competition and investment, the CMA has not seen sufficient evidence to date to back these claims.

"Our initial assessment of this deal has identified concerns which could lead to higher prices for customers and lower investment in UK mobile networks. These warrant an in-depth investigation unless Vodafone and Three can come forward with solutions."

Vodafone UK and Three UK have five working days to respond with meaningful solutions to the CMA, otherwise the deal will be referred to a more in-depth Phase 2 investigation.

 

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