NEC Software Solutions UK / Capita Secure Solutions and Services merger inquiry
The CMA investigated the completed acquisition by NEC Software Solutions UK Limited of SSS Public Safety Limited and Secure Solutions USA LLC (previously part of Capita plc).
Phase 2
Contact
Administrative timetable
Date of reference: 12 May 2022
Statutory deadline: 21 December 2022
- (27.9.22)
Case closure summary
07 August 2023: On 10 February 2023, the CMA accepted Final Undertakings from NECSWS to sell the ICCS Divestiture Business and the Duties Divestiture Business to a purchaser approved by the CMA and on 1 August 2023 the ICCS Divestiture Business and the Duties Divestiture Business were acquired by Codan Radio Communications Pty Limited.
- (7.8.23)
Remedy Group appointed
16 February 2023: The CMA has appointed the Remedy Group.
Kip Meek (Chair), Jo Armstrong, Robin Cohen and Sir Kenneth Parker.
Final undertakings
13 February 2023: The CMA has accepted final undertakings and the reference has now been fully determined.
- (13.2.23)
- (13.2.23)
Notice of proposal to accept final undertakings
18 January 2023: The CMA gives notice of the proposal to accept final undertakings and is inviting comments on the proposed draft undertakings by 5pm on Wednesday 1 February 2023.
- (18.1.23)
- (18.1.23)
Notice of extension of statutory period
- (27.9.22)
Final report
1 December 2022: The CMA has published its final report.
- (2.12.22)
- (2.12.22)
- (1.12.22)
- Press release: Sale of emergency service software businesses required to protect UK taxpayers (1.12.22)
Responses to provisional findings and possible remedies
- (15.11.22)
- (11.11.22)
- (11.11.22)
- (28.10.22)
- (28.10.22)
- (28.10.22)
- (28.10.22)
Provisional findings
15 September 2022: The CMA has provisionally found competition concerns as part of its in-depth investigation of the completed acquisition by NEC Software Solutions UK Limited of SSS Public Safety Limited and Secure Solutions USA LLC (previously part of Capita plc).
The deadline for submitting responses to the provisional findings is Friday 7 October 2022.
The deadline for submitting responses to the notice of possible remedies is Friday 30 September 2022.
- (16.9.22)
- (16.9.22)
- (15.9.22)
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Responses to the issues statement
- (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
- (14.6.22)
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.
- (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.
- (12.5.22)
Phase 1
Statutory timetable
| Date | Action |
|---|---|
| 12 May 2022 | Phase 1 decision announced |
| 2 March 2022 | Launch of merger inquiry |
| 2 March 2022 | Invitation to comment |
| 21 December 2021 | Initial enforcement order |
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.
- (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.
- (14.6.22)
- (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.
- (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.
- (5.1.22)
Amendments / consents granted
- (1.8.23)
- (1.8.23)
- (1.8.23)
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- (7.8.23)
- (1.8.23)
- (2.5.23)
- (2.5.23)
- (2.5.23)
- (2.5.23)
- (16.2.23)
- (16.2.23)
- (16.2.23)
- (16.2.23)
- (29.12.22)
- (12.12.22)
- (12.12.22)
- (15.11.22)
- (28.10.22)
- (21.10.22)
- (17.10.22)
- (30.9.22)
- (30.9022)
- (30.9.22)
- (27.9.22)
- (27.9.22)
- (23.8.22)
- (4.8.22)
- (27.7.22)
- (8.7.22)
- (29.6.22)
- (21.6.22)
- (9.5.22)
- (27.4.22)
- (20.4.22)
- (1.4.22)
- (1.4.22)
- (18.3.33)
- (1.3.22)
- (1.3.22)
- (21.2.22)
- (28.1.22)
- (7.1.22)
- (7.1.22)
- (5.1.22)
Updates to this page
Published 5 January 2022Last updated 7 August 2023 + show all updates
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Case closure summary and derogation published.
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Derogation published
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Derogations published
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Derogations published.
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Derogations and Remedy Group appointment published.
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Final undertakings and notice of acceptance of final undertakings published.
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Notice of proposal to accept final undertakings, with draft final undertakings, published.
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Derogation published.
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Derogations published.
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Final report, appendices and glossary published.
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Summary of final report published
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Further response to provisional findings and derogation published.
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2 party responses to provisional findings and possible remedies published.
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Responses to provisional findings and derogation letter published.
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Derogation published.
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Derogation published.
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Derogations published.
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Administrative timetable updated, notice of extension and derogations published.
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Provisional findings full text published.
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Summary of provisional findings, Notice of provisional findings and Remedies notice published.
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Administrative timetable updated.
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Derogation published.
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Derogation published.
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Responses to the issues statement and derogation published.
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Derogation published.
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Derogation published.
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Derogation letter published.
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Phase 1 Decision, Parties’ response to the Phase 1 Decision and Issues Statement published.
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Directions to appoint a monitoring trustee published.
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Administrative timetable published.
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Inquiry group appointment published.
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Decision to refer and Terms of reference published.
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Derogation published.
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Decision to refer unless undertakings accepted published.
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Derogation published.
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Derogation published
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Derogations 17.3.22 and 28.3.22 published.
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Derogation published.
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Launch of merger inquiry announced.
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Derogation published.
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Derogation published.
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Derogations published.
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First published.