GovWire

Phase 2

ContactNEC.Capita@cma.gov.uk

Administrative timetable

Date of reference: 12 May 2022

Statutory deadline: 26 October 2022

• Administrative timetable (26.5.22)

Responses to the issues statement

• NECSWS (27.7.22)

Issues statement

14 June 2022: The issues statement sets out the scope of the inquiry. It outlines initial theories on what might be adversely affecting competition, but it does not set out findings or conclusions. The deadline for submissions on the issues statement is 5pm, 28 June 2022 by email to NEC.Capita@cma.gov.uk or by writing to the Principal Case Officer, NEC/SSS phase 2 merger inquiry, Competition and Markets Authority, The Cabot, 25 Cabot Square, London, E14 4QZ

• Issues Statement (14.6.22)

Initial Phase 2 submission

• Main parties initial Phase 2 submission (14.6.22)

Directions to appoint a monitoring trustee

31 May 2022: On 30 May 2022, pursuant to an initial enforcement order dated 21 December 2021, the CMA directed NEC Software Solutions UK Limited and SSS Public Safety Limited and Secure Solutions USA LLC to appoint a monitoring trustee.

• Directions to appoint a monitoring trustee (31.5.22)

Inquiry group appointed

18 May 2022: The CMA has appointed the inquiry group:

Kip Meek (Chair), Jo Armstrong, Robin Cohen and Sir Kenneth Parker.

Terms of reference

12 May 2022: the CMA has referred the completed acquisition by NEC Software Solutions UK Limited of SSS Public Safety Limited and Secure Solutions USA LLC for an in-depth investigation.

• Terms of reference (12.5.22)

Phase 1

Statutory timetable

Reference decision

12 May 2022: The CMA has referred the completed acquisition by NEC Software Solutions UK Limited of SSS Public Safety Limited and Secure Solutions USA LLC for an in-depth investigation, on the basis that, on the information currently available to it, it is or may be the case that this merger has resulted or may be expected to result in a substantial lessening of competition within a market or markets in the United Kingdom.

• Decision to refer (12.5.22)

Reference unless undertakings accepted

29 April 2022: The CMA has decided, on the information currently available to it, that it is or may be the case that this merger may be expected to result in a substantial lessening of competition within a market or markets in the United Kingdom. This merger will be referred for a phase 2 investigation unless the parties offer acceptable undertakings to address these competition concerns.

• Phase 1 decision (14.6.22)
• Summary of phase 1 decision (29.4.22)
• Press release: CMA finds competition concerns in merger of emergency service software suppliers (29.4.22)

Launch of merger inquiry

2 March 2022: The CMA announced the launch of its merger inquiry by notice to the parties.

• Commencement notice (2.3.22)

Invitation to comment: Closes on 16 March 2022

2 March 2022: The Competition and Markets Authority (CMA) is considering whether it is or may be the case that this transaction has resulted in the creation of a relevant merger situation under the merger provisions of the Enterprise Act 2002 and, if so, whether the creation of that situation has resulted, or may be expected to result, in a substantial lessening of competition within any market or markets in the United Kingdom for goods or services.

To assist it with this assessment, the CMA invites comments on the transaction from any interested party.

Initial enforcement order

21 December 2021: The CMA has served an initial enforcement order under section 72(2) of the Enterprise Act 2002 on 21 December 2021, in relation to the anticipated acquisition by NEC Software Solutions UK Limited of Capita (SSS) Limited and Capita Software (US) LLC.

• Initial enforcement order (5.1.22)

Amendments / consents granted

• Derogation 10 August 2022 (23.8.22)
• Derogation 29 July 2022 (4.8.22)
• Derogation 22 July 2022 (27.7.22)
• Derogation 29 June 2022 (8.7.22)
• Derogation 17 June 2022 (29.6.22)
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