8:36 am, May 19, 2025
BCA’s takeover of rival auction firm Aston Barclay is being investigated by the Competition and Markets Authority (CMA).
Car Dealer reported last month how Aston Barclay had joined Constellation Automotive Group in an agreement which ‘secured the long term viability’ of the company.
However, the deal has now been put in significant doubt after the CMA served an enforcement order under section 72(2) of the Enterprise Act 2002.
The announcement, served last Tuesday (May 13), means that an inquiry into the merger will now take place.
In its initial enforcement order, the CMA said that it will be looking into whether the deal has resulted in a ‘substantial lessening of competition’.
If that is found to be the case, the government agency could block the acquisition from being finalised, plunging the future of Aston Barclay into significant doubt.
The order states: The Competition and Markets Authority (CMA) has reasonable grounds for suspecting that it is or may be the case that Constellation Developments Limited and ABVR Holdings Limited [Aston Barclay] have ceased to be distinct.
‘The CMA is considering, pursuant to section 22 of the Act, whether it is or may be the case that a relevant situation has been created and whether the creation of that situation has resulted or may be expected to result in a substantial lessening of competition in any market or markets in the United Kingdom.’
A date for the merger inquiry is yet to be announced, but the serving of an initial enforcement order now places restrictions on both Constellation and Aston Barclay.
It means that the two outfits must carry out their business separately to one another with individual brand identities retained.
The firms have also been banned from making changes to their organisational structure without written permission from the CMA.
The restrictions mean that all of the businesses’ assets must be maintained and preserved, and cannot be disposed of, with key staff also banned from moving between Aston Barclay and Constellation.
The CMA says that failure to comply with the terms of the enforcement notice is a criminal offence, which could result in fines being issued and even imprisonment.
Car Dealer has approached BCA for comment.
The firm is currently the largest used car auction group in the UK and the acquisition would add five new auction locations, including Aston Barclay’s two mega centres in Wakefield and Donnington Park.
It is part of Constellation Automotive Group, which also owns We Buy Any Car, Cinch, CarNext and Marshall among other car buying and owning platforms.
A management buyout of Aston Barclay took place in 2017 with Rutland Partners investing millions of pounds in the business.
The full enforcement notice can be viewed here.
