Adobe / Figma merger inquiry
| Date | 03 May 2023 |
| Decision Date | 03 May 2023 |
| Subject Matter | Mergers |
| Court | Competition and Markets Authority (EW) |
1
Anticipated acquisition by Adobe Inc. of Figma, Inc.
Decision to refer
ME/7021/22
Introduction
1. Adobe Inc. (Adobe) has agreed to acquire Figma, Inc. (Figma) (the Merger).
Adobe and Figma are together referred to as the Parties.
2. On 30 June 2023, the Competition and Markets Authority (CMA) decided
under section 33(1) of the Enterprise Act 2002 (the Act) that it is or may be
the case that the Merger consists of arrangements that are in progress or in
contemplation which, if carried into effect, will result in the creation of a
relevant merger situation, and that this may be expected to result in a
substantial lessening of competition (SLC) within a market or markets in the
United Kingdom (the SLC Decision).1
3. On the date of the SLC Decision, the CMA gave notice pursuant to section
allow the Parties the opportunity to offer undertakings to the CMA for the
purposes of section 73(2) of the Act, the CMA did not refer the Merger for a
phase 2 investigation pursuant to section 33(3)(b) on the date of the SLC
Decision.
4. Pursuant to section 73A(1) of the Act, if a party wishes to offer undertakings
the five working day period specified in section 73A(1)(a) of the Act, ie by 7
July 2023. The SLC Decision stated that the CMA would refer the Merger for
a phase 2 investigation pursuant to sections 33(1), and in accordance with
73(2) of the Act were offered to the CMA by the end of this period (ie by); if
the Parties indicated before this deadline that they did not wish to offer such
undertakings; or if the undertakings offered were not accepted.
1 See Adobe / Figma merger inquiry - GOV.UK (www.gov.uk).
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