Hytera / Sepura: public interest intervention notice

The CMA investigated the anticipated acquisition by Hytera Communications Corporation Limited of Sepura plc following the issue of a public interest intervention notice.

Affected sector: Communications

Case number: ME/6691/17

Statutory timetable

Phase 1 Action
12 May 2017 Undertakings accepted by Secretary of State
4 May 2017 Deadline for CMA to submit report to Secretary of State
11 to 19 April 2017 Invitation to comment
10 April 2017 Secretary of State for Business, Energy & Industrial Strategy issued a public interest intervention notice

Undertakings accepted by Secretary of State

On 12 May, the Secretary of State for Business, Energy and Industrial Strategy, Greg Clark, announced that he 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.

CMA report to the Secretary of State

8 May 2017: The Department for Business, Energy & Industrial Strategy has published the CMA’s report on the anticipated acquisition by Hytera Communications Corporation Limited of Sepura plc.

Invitation to comment

The Secretary of State for Business, Energy & Industrial Strategy 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 Hytera Communications Corporation Limited of Sepura plc. This means that the Secretary of State will make the final decision 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) was required to submit a report to the Secretary of State in accordance with section 44 of the Enterprise Act 2002 by 4 May 2017.

The report includes 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 also includes a summary of any representations the CMA received 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.

To assist with this assessment, the CMA invited comments, in particular, on the competition impact (if any) of the transaction from any interested party.

Deadline for comments: Now closed

Published 11 April 2017
Last updated 8 May 2017 + show all updates
  1. CMA report to the Secretary of State.
  2. First published.