Significant changes have been proposed to the government power to intervene and examine M&A and foreign direct investment in business with > £1 million turnover (reduced from £70m) irrespective of their share of the UK market. These measures would apply to companies supplying dual use or military items listed on the strategic export list – even if they have never exported. The legislation would also cover enterprises developing, researching or manufacturing goods used in quantum computing or quantum communication technologies– potential impacting many photonics companies that have worked with the UK quantum program.
For Gov to examine such deals doesn’t mean they would intervene- the proposal emphasises they are only designed to cover cases where there are national security concerns and bring UK in-line with others in EU/USA.
If you think such legislation would have impacted recent M&A / FDI activity, positively or negatively, or would do so in future, please make your opinions known, by responding to the National Security and infrastructure investment review at either online or to nsiireview@beis.gov.uk by 14 November.
The consultation is structured in 2 parts
1- Input on the reduction in turnover and inclusion of advance tech areas by 14 November
2- Input on longer term reforms to ‘insure investments and takeover cannot raise security concerns’ by 9 Jan 2018
