On Thursday 9 February 2017 the shareholders of Sepura plc approved the proposed acquisition of Sepura plc by Hytera Communications Corporation Ltd.
Under the powers set out in the Enterprise Act 2002, the Secretary of State is able to intervene on national security grounds. This responsibility is discharged in a quasi-judicial capacity.
On 27 and 28 March 2017, the Department for Business, Energy and Industrial Strategy (BEIS) wrote to Sepura and Hytera respectively confirming that the Secretary of State was minded to intervene on national security public interest grounds and invited further representations for consideration before coming to a final decision.
On Monday 10 April 2017, the Secretary of State issued a public interest intervention notice, confirming that he is intervening in the merger on national security grounds. In reaching this decision, he considered the representations received from the parties and further advice from the Home Secretary.
The Competition and Markets Authority (CMA) will prepare a report on the competition and national security aspects of the proposed transaction. The CMA has 15 working days, until midnight on Thursday 4 May 2017, to complete and submit this report to the Secretary of State.
See the related consultation and final decision notice.