The acquisition of Sepura by Hytera took one step closer today (9 May) with news from Sepura that the UK’s Secretary of State for Business, Energy and Industrial Strategy is (subject to the outcome of a period of public consultation which closes at 5.00 pm on 10 May) is proposing to accept statutory undertakings set out by the two companies. This, according to Sepura, “would avoid the need to make a reference to the Competition and Markets Authority for a more detailed investigation into the Acquisition”.
Sepura and Hytera have previously received confirmation from the Spanish National Markets and Competition Commission that Sepura’s acquisition by Hytera does not meet the thresholds for notification and that the Commission’s process of reviewing the transaction in Spain has therefore terminated.
However, the companies announced on 5 May that Hytera has been formally notified that the German Federal Ministry of Economic Affairs and Energy has decided to seek to initiate a review of the acquisition on public policy and/or national security grounds relating to Sepura Deutschland GmbH.
Update
According to a public decision notice published on 12 May, The UK's Secretary of State for Business, Energy and Industrial Strategy has decided to accept the undertakings "instead of making reference to the CMA [Competition and Markets Authority] for a further more detailed assessment".
