Hytera / Sepura: public interest intervention notice

The CMA is investigating 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
4 May 2017 Deadline for publication of CMA’s report
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

Invitation to comment

The Secretary of State for Business, Energy & Industrial Strategy has 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) is 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 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, will 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.

To assist with this assessment, the CMA invites comments, in particular, on the competition impact (if any) of the transaction from any interested party. These comments should be provided by the deadline set out below to:

John McKellar (john.mckellar@cma.gsi.gov.uk, 0203 738 6451)

Deadline for comments: 5pm on Wednesday 19 April 2017

The CMA asks that any representations about national security be sent to Home Office by the above deadline:

Richard Hewlett (richard.hewlett@homeoffice.gsi.gov.uk, 07786 334598)

Help us improve GOV.UK

Don’t include personal or financial information like your National Insurance number or credit card details.