Wednesday, 17 November 2021

Phase II review of NVIDIA/ Arm deal on national security grounds

 

Phase II review of NVIDIA/ Arm deal on national security grounds

The Secretary of State for Digital, Culture, Media and Sport has instructed the Competition and Markets Authority (CMA) to carry out an in-depth investigation of the proposed acquisition of Arm by NVIDIA on competition and national security grounds.

The Secretary of State has powers under the Enterprise Act 2002 to intervene in certain mergers on public interest grounds.

NVIDIA develops and supplies processor products.  Arm licenses intellectual property for processing units, in particular to semiconductor chipmakers and Systems-on-Chip developers.

In its Phase I investigation the CMA identified that the transaction raises the possibility of a substantial lessening of competition across four key markets - data centres, Internet of Things (IoT), the automotive sector and gaming applications.

The CMA is leading a Phase II investigation covering both competition and national security grounds.

The CMA has 24 weeks (subject to a possible eight-weeks extension) to conduct this investigation.

Separately, this week the UK government has published guidance clarifying what types of transactions will be subject to new national security provisions.  These require that the government must be informed about acquisitions of companies that do business in the UK within 17 sectors deemed to be of “national importance”, including artificial intelligence, data infrastructure and defence.

In October 2021 the European Commission launched a Phase II merger investigation over similar (competition) concerns that the merged entity would have an incentive to restrict its rivals from accessing Arm’s technology.

https://www.gov.uk/government/news/digital-secretary-asks-cma-to-carry-out-further-investigation-into-nvidias-takeover-of-arm

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