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JD Sports told to sell Footasylum by competition watchdog JD Sports told to sell Footasylum by competition watchdog
(about 1 hour later)
The UK's competition watchdog has ordered JD Sports to sell Footasylum over concerns the takeover could lead to a "worse deal" for customers.The UK's competition watchdog has ordered JD Sports to sell Footasylum over concerns the takeover could lead to a "worse deal" for customers.
The Competition and Markets Authority (CMA) found that JD Sports was the closest alternative for Footasylum shoppers.The Competition and Markets Authority (CMA) found that JD Sports was the closest alternative for Footasylum shoppers.
In a statement, it said a sale was "the only way to address its competition concerns and protect consumers".In a statement, it said a sale was "the only way to address its competition concerns and protect consumers".
But JD Sports criticised the move, calling the decision "inexplicable".But JD Sports criticised the move, calling the decision "inexplicable".
It follows an in-depth investigation by the competition watchdog after it first blocked the £90m takeover last year. The retailer has argued that one of the key areas of competition it faces is from brands such as Nike and Adidas selling their goods direct to consumers online.
JD Sports appealed against a ruling by the CMA in September, saying it was "perplexed" by its decision not to include online sales by Nike and Adidas in the UK in its review. JD Sports' chairman Peter Cowgill noted that the CMA had acknowledged that these direct sales were a threat to the retailer, which, he said, made the competition body's decision puzzling.
"We would suggest that the CMA is in a minority of one in reaching this conclusion," he said.
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JD Sports' deal to buy Footasylum was first announced in April 2019. The ruling by the CMA follows an in-depth investigation after the competition watchdog first blocked the £90m takeover last year.
JD Sports appealed against a ruling by the CMA in September, saying it was "perplexed" by its decision not to include online sales to consumers by major brands.
In an update on Thursday, the CMA found that the takeover of Footasylum would reduce competition even after taking into account the growth in online shopping.In an update on Thursday, the CMA found that the takeover of Footasylum would reduce competition even after taking into account the growth in online shopping.
Half of online shoppers surveyed by the competition watchdog said that they would go to JD Sports if they were unable to purchase their usual trainers or joggers at Footasylum.Half of online shoppers surveyed by the competition watchdog said that they would go to JD Sports if they were unable to purchase their usual trainers or joggers at Footasylum.
Investigators also insisted that Footasylum would "remain in good financial health" even if it was not owned by JD Sports, Britain's biggest sportswear retailer, despite increased competition from other companies. It suggested that customers would have fewer options and could face higher prices, fewer discounts, and less choice of products in-store as a result.
Total revenues for Footasylum for the 2020 financial year were £232m, with underlying pre-tax profits of £29.3m, up from £3.8m from a year before.
'Shoppers could suffer''Shoppers could suffer'
Kip Meek, chair of the CMA inquiry group, said: "The UK boasts a thriving sports fashion market and today's decision reflects our commitment to keeping it that way.Kip Meek, chair of the CMA inquiry group, said: "The UK boasts a thriving sports fashion market and today's decision reflects our commitment to keeping it that way.
"We strongly believe shoppers could suffer if Footasylum stopped having to compete with JD Sports. It is likely they would pay more for less choice, worse service and lower quality.""We strongly believe shoppers could suffer if Footasylum stopped having to compete with JD Sports. It is likely they would pay more for less choice, worse service and lower quality."
It added that the rivals can continue to compete for shoppers online and as they return to the High Street.It added that the rivals can continue to compete for shoppers online and as they return to the High Street.
JD Sports argued on Thursday that the CMA in fact agreed with it on several fronts. It said, for example, that the CMA had found JD Sports' biggest competition came from international brands selling to consumers from their own websites or apps.
JD Sports also said that it would have no incentive to raise prices or reduce deals for shoppers.
JD Sports boss Peter Cowgill said the CMA's decision was "inexplicable"
In a statement to investors, JD Sports said that "the decision to prohibit the acquisition defies logic", given that Footasylum has a market share of less than 5%.
"The CMA rightly concludes that, following the acquisition of Footasylum, JD would have no incentive to raise prices or worsen its offer as its most important competitors are the [Direct to Consumer] DTC operations of the international brands themselves," said Mr Cowgill.
"However, the CMA has then somehow concluded that the competitive threat from DTC does not extend to Footasylum and that JD would have an incentive to worsen the offer in Footasylum to the detriment of both consumers and suppliers.
"Overall, the CMA's decision today continues to be inexplicable to anyone who understands what difference the pandemic has made to UK retail and how competition and the supply chain in our markets actually work."
Mr Cowgill added that the decision comes after the UK High Street has been seriously damaged by coronavirus-related lockdowns and could see further closures.
The sportswear retailer has four weeks to lodge an appeal with the Competition Appeal Tribunal following the decision.
JD said that it is studying the CMA's new report in detail and will consider its options "carefully".
Despite the watchdog's decision, JD's share price rose nearly 2% in early trading on Thursday.