National Security as a Public Interest Consideration in UK Merger Control

Abstract

The article will discuss the boundaries of UK merger control set by national security concerns against the background of public interest considerations in the decisional practice of the competent authorities. The article will first present an overview of the existing legal framework for considering public interest when reviewing mergers and acquisitions in strategic industries or companies. It will then present the main precedents where issues of national security were raised and will discuss how the CMA and the Secretary of State assessed these transactions from both a competition and national security angle. Finally, the article will present the recent legislative initiative by the UK Government to extend national security grounds reflects a new approach towards FDI.