Aerostar / Mettis merger inquiry
The CMA is investigating the anticipated acquisition by Aerostar (and/or Ligeance Aerospace Technology Co Ltd) of Mettis Aerospace Limited.
Statutory timetable
| Phase 1 date | Action |
|---|---|
| 26 February 2020 | BEIS publication of CMA report and decision to end the intervention |
| 13 February 2020 | Report delivered to the Secretary of State for Business, Energy & Industrial Strategy |
| 20 December 2019 to 10 January 2020 | Invitation to comment on competition and public interest |
| 20 December 2019 | Secretary of State for Business, Energy & Industrial Strategy issued a public interest intervention notice |
Phase 1
Secretary of State announcement
26 February 2020: The Secretary of State has announced their decision to end the intervention on the ground that the parties no longer intend to pursue the proposed acquisition.
Report delivered to Secretary of State
13 February 2020: The CMA has delivered its report to the Secretary of State for Business, Energy & Industrial Strategy (BEIS). The report includes an assessment of whether the CMA believes that it is (or may be) the case that this transaction (if carried into effect) would result in the creation of a relevant merger situation under the provisions of the Enterprise Act 2002, and a summary of any representations on national security matters received from third parties.
Any decision on whether the transaction operates, or may be expected to operate, against the public interest is taken by the Secretary of State for BEIS.
Public interest intervention notice
20 December 2019: The Secretary of State for Business, Energy & Industrial Strategy (the Secretary of State) issued a public interest intervention notice (PIIN) on the public interest ground of national security in accordance with sections 42(2) and 58(1) of the Enterprise Act 2002 (the Act) in relation to the anticipated acquisition by Aerostar of Mettis (the Transaction). This means that the Secretary of State will decide on whether this Transaction operates, or may be expected to operate, against the public interest and should be referred to a phase 2 assessment, taking into account both competition and public interest issues.
The Competition and Markets Authority (CMA) is required to submit a report to the Secretary of State on this Transaction in accordance with section 44 of the Enterprise Act 2002 by 17 March 2020.
The report will include the CMA’s assessment of whether it believes that it is, or may be, the case that this Transaction, if carried into effect, would result in the creation of a relevant merger situation under the merger provisions of the Act and, if so, whether the creation of that situation may be expected to result in a substantial lessening of competition within any market(s) in the United Kingdom for goods or services. It will also include a summary of any representations the CMA receives which relate to the public interest consideration specified in the PIIN, national security, and which are or may be relevant to the Secretary of State’s decision.
Invitation to comment on competition and public interest: Closes on 10 January 2020
To assist with this assessment, the CMA invites comments on the impact of the transaction from any interested party on competition and public interest considerations with responses due by 10 January 2020.
Contact
Please send written representations about any competition issues to:
Last updated 13 February 2020 + show all updates
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Report delivered to Secretary of State.
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First published.