Merger Update: NVIDIA / Arm

     ANTICIPATED ACQUISITION BY NVIDIA CORPORATION OF ARM LIMITED

Invitation to comment on public interest: Closes on 14 May 2021

On 19 April 2021, the Secretary of State for Digital, Culture, Media and Sport issued a public interest intervention notice (PIIN) on the public interest ground of national security in accordance with sections 42(2) and 58(1) of the Enterprise Act 2002 (the Act) in relation to the anticipated acquisition by NVIDIA Corporation of Arm Limited. This means that the Secretary of State will make the final decision on whether this transaction operates, or may be expected to operate, against the public interest and should be referred to a phase 2 assessment, taking into account both competition and public interest (namely, national security) issues

The Competition and Markets Authority (CMA) is required to submit a report to the Secretary of State in accordance with section 44 of the Act by 30 July 2021.

The report will include the CMA's assessment of whether it is or may be the case that this transaction if carried into effect, will result in the creation of a relevant merger situation under the merger provisions of the Act  and, if so, whether the creation of that situation may be expected to result in a substantial lessening of competition within any market or markets in the United Kingdom for goods or services.

It will also include a summary of any representations the CMA receives which relate to the public interest consideration specified in the PIIN, namely national security, which are or may be relevant to the Secretary of State's decision.

To assist it with this assessment, the CMA invites comments on the transaction from any interested party on national security considerations with responses due by 14 May 2021. As shown on the CMA's case page, the CMA invited initial comments on the transaction in relation to competition considerations on 6 January 2021. Third parties will have further opportunity to provide views pertaining to the CMA's competition assessment at a later stage of the CMA's investigation.  

These comments should be provided by the deadline set out above to:

Case officer name: Anastasija Rogozianskaja and Dima Talja

Tel no: 020 3738 6173

E-mail: anastasija.rogozianskaja@cma.gov.uk and dima.talja@cma.gov.uk

All updates on significant case developments will be available on the CMA case page.

Please note that, due to the ongoing COVID-19 outbreak, the CMA's offices across the UK are closed until further notice. We are no longer able to accept delivery of any documents or correspondence by post or courier to any of our offices.

Your name and contact details are your personal data. In collecting, receiving, storing, accessing and using your personal data, the CMA, as controller, is processing your personal data. The CMA processes personal data in accordance with data protection law. The CMA is processing your personal data so that it can contact you again, should it need further help or information from you, in order to carry out its merger work under Part 3 of the Enterprise Act 2002. For more information about how the CMA processes personal data and your rights relating to that data, please see our Privacy Notice.