Download the full outcome
Detail of outcome
On 24 July 2018 we published:
- a summary of the responses received (see below)
- the government’s response in the form of a National Security and Investment white paper consultation seeking views on the proposed legislative reforms.
The consultation closes on 16 October 2018.
Short term powers
The secondary legislation to enable the short term powers came into force in June 2018. The government has published guidance on changes to the turnover and share of supply tests for mergers.
Detail of feedback received
The first part of this consultation, on short term reforms, closed on 14 November 2017. We received 27 formal responses, and feedback through meetings with an additional 7 organisations during the consultation.
The second part of the consultation, on longer term reform, closed on 9 January 2018. It received 45 written responses and we also took feedback from an additional 9 stakeholder meetings.
Responses for both parts came from:
- legal and advisory firms
- trade associations
- industry groups
- individual businesses
- government bodies
- research bodies
This green paper is the result of the government’s review of the Enterprise Act 2002 and its powers in relation to foreign investment and national security. It sets out the approach the government proposes to take in both the short and long term. We will use your responses to the green paper to develop these proposals further.
The consultation is split into 2 parts.
In the short term, we propose to amend the turnover threshold and share of supply tests within the Enterprise Act 2002. This is to allow government to examine and potentially intervene in mergers that currently fall outside the thresholds in 2 areas:
- the dual use and military use sector
- parts of the advanced technology sector
Part 1 of the consultation lasts 4 weeks, closing on 14 November 2017.
The second part of the green paper seeks views about potential long-term reforms that government should take to its approach to ensuring that investments and takeovers cannot raise national security concerns.
Part 2 of the consultation lasts 12 weeks, closing on 9 January 2018.