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CMA fines Keysight for section 109 failures in Spirent deal; Microsoft/OpenAI not a merger; SAU seeks input on Subsidy Control Act—UK competition update (15 April 2025)

Published on: 15 April 2025

Published by a LexisNexis Competition expert
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Article summary

Mergers

Keysight Technologies fined for failing to provide documents to the CMA during phase 1 investigation

The CMA issued a notice dated 9 April 2025 imposing a penalty on Keysight Technologies, Inc (Keysight) under section 110 of the Enterprise Act 2002. This followed Keysight’s non-compliance with section 109 notices served by the CMA that required specified information and documents during the phase 1 assessment of its anticipated acquisition of Spirent Communications plc (Spirent). The CMA set a fine of £25,000 on Keysight.

Background

Keysight and Spirent both supply communications testing and measurement equipment.

  • 22 March 2024: Keysight lodged an initial bid to obtain sole control of Spirent.
  • 27 March 2024: Spirent’s board approved this initial proposal.
  • 28 March 2024: Keysight agreed to secure sole control via a public offer for all of Spirent’s issued (and to be issued) share capital.
  • 17 July 2024: The parties filed a draft merger notice with the CMA.
  • 16 January 2025: The CMA opened its merger inquiry...

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