Connect Bidco / Inmarsat merger inquiry
The CMA investigated the anticipated acquisition by Connect Bidco Limited of Inmarsat plc.
Statutory timetable
| Phase 1 date | Action |
|---|---|
| 29 October 2019 | Undertakings accepted by Secretary of State for Digital, Culture, Media & Sport |
| 9 October 2019 | DCMS publication of CMA report and consultation on draft undertakings |
| 17 September 2019 | Deadline for the CMA to report to Secretary of State for Digital, Culture, Media & Sport |
| 8 October 2019 | Deadline for phase 1 decision (*) |
| 23 July to 5 August 2019 | Invitation to comment on competition and public interest |
| 22 July 2019 | Secretary of State for Digital, Culture, Media & Sport issued a public interest intervention notice |
| 16 July to 29 July 2019 | Invitation to comment on competition |
| 15 July 2019 | Launch of merger inquiry |
(*) This date was the statutory deadline that applied to the CMA pursuant to section 34ZA(3) of the Act. Following the public interest intervention notice issued by the Secretary of State for Digital, Culture, Media & Sport, the CMA provided its report to the Secretary of State on 17 September 2019. This report included the CMA’s decision. The Secretary of State will now decide on whether this transaction operates, or may be expected to operate, against the public interest and whether the transaction should be referred to a phase 2 assessment, taking into account both competition and public interest issues. This statutory deadline does not apply to the Secretary of State for Digital, Culture, Media & Sport.
Undertakings accepted by Secretary of State
On 29 October 2019 the Secretary of State for Digital, Culture, Media & Sport, Nicky Morgan, announced that they had accepted statutory undertakings from the parties involved in the proposed acquisition and that the acquisition will therefore not be referred to the CMA for a further assessment. A copy of the decision notice and signed undertakings can be found below.
- Decision notice and signed undertakings (29.10.19)
Undertakings being considered by the Secretary of State
On 9 October 2019, the Secretary of State for Digital, Culture, Media & Sport announced that she will consult on undertakings offered by the Parties involved in the anticipated acquisition by Connect Bidco Limited of Inmarsat plc.
CMA report published by the Secretary of State
9 October 2019: The Department for Digital, Culture, Media & Sport has published the CMA’s report on the anticipated acquisition by Connect Bidco Limited of Inmarsat plc.
CMA reports to the Secretary of State
17 September 2019: The CMA has delivered its report to the Secretary of State.
Notice of extension of the initial period
- (13.8.19)
Invitation to comment on competition and public interest: closes 5 August 2019
23 July 2019: On 16 July 2019, the CMA issued an invitation to comment on the impact of the Transaction on competition (with responses due by 29 July 2019). In light of the PIIN being issued, the CMA is now inviting comments on the impact of the Transaction from any interested party on competition and public interest considerations with responses due by 5 August 2019.
Public interest intervention notice
23 July 2019: The Secretary of State for Digital, Culture, Media & Sport (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 Connect Bidco Limited of Inmarsat plc (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 September 2019.
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: closes 29 July 2019
16 July 2019: The Competition and Markets Authority (CMA) is considering whether it is or may be the case that this transaction, if carried into effect, will result in the creation of a relevant merger situation under the merger provisions of the Enterprise Act 2002 and, if so, whether the creation of that situation may be expected to result in a substantial lessening of competition within any market or markets in the United Kingdom for goods or services.
To assist it with this assessment, the CMA invites comments on the transaction from any interested party.
These comments should be provided by the deadline set out above.
Notification of merger enquiry to the Department for Digital, Culture, Media & Sport
16 July 2019: The CMA brought the acquisition by Connect Bidco Limited of Inmarsat plc to the attention of the Secretary of State for Digital, Culture, Media & Sport under section 57(1) of the Act, as the CMA considered that the transaction may raise public interest considerations under section 58 of the Act.
Launch of merger inquiry
15 July 2019: The CMA announced the launch of its merger inquiry by notice to the parties.
- (16.7.19)
Contact
Please send written representations about any competition issues to general.enquiries@cma.gov.uk.
Last updated 29 October 2019 + show all updates
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Link to decision notice and signed undertakings added following the Secretary of State's announcement that she has accepted statutory undertakings.
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The following information has been added to the page: A link to the CMA report provided to the Secretary of State for Digital, Culture, Media & Sport on 17 September 2019. A link to the Department for Digital, Culture, Media & Sport open consultation on draft undertakings offered by the parties.
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CMA has delivered its report to the Secretary of State.
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Notice of extension published.
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Page updated to reflect the Secretary of State for Digital, Culture, Media & Sport's public interest intervention notice. Invitation to comment on competition and public interest launched.
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First published.