Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

SLC definition

What does SLC mean? SLC (substantial lessening of competition) describes, in merger control, a material reduction in competitive rivalry that risks higher prices, lower quality or choice, reduced innovation or weaker service. It is the statutory test applied by the UK Competition and Markets Authority (CMA) under the Enterprise Act 2002 and by Ireland’s Competition and Consumer Protection Commission (CCPC) under the Competition Act 2002 (as amended by the 2014 Act). Usage is consistent across England & Wales, Scotland and Northern Ireland (UK-wide CMA jurisdiction) and broadly aligned in Ireland. In practice, the SLC test is forward‑looking and counterfactual: authorities define the relevant product and...

UK CMA Phase 2: Tobii/Smartbox SLC in AAC; full divestment ordered; first unwinding order under IEO; CAT appeal

Published by a LexisNexis Competition expert

Practice notes

CASE HUB NOTE—appeal lodged before the CAT in 1332/4/12/19 ARCHIVED —this archived case hub reflects the position at the data of the decision of 15 August 2019; it is no longer maintained. See further, timeline and commentary

Case facts

Outline UK merger probe into Tobii AB’s completed purchase of Smartbox Assistive Technology Limited and Sensory Software International Limited. Tobii AB and Smartbox Assistive Technology Limited and Sensory Software International Limited represent the two biggest developers and suppliers of augmentative and assistive communication (ACC) technology that helps people with complex speech and language needs to express themselves. The portfolio covers specialist hardware and software, including alarm systems, speech‑generating devices and hearing technologies.

Latest developments

On 15 August 2019, the CMA published its phase 2 final report. It concluded the deal gave rise to significant competition concerns because Tobii AB and Smartbox Assistive Technology Limited and Sensory Software International Limited are two of the UK’s leading providers of ACC solutions and are close rivals. To address the SLC, the CMA determined that the most effective remedy was a full divestment of Smartbox Assistive Technology Limited and Sensory Software International Limited (ie to unwind the transaction).

Parties

Tobii AB (Tobii)...

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Web page updated on 22/05/2026

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