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EU to formally probe Nvidia's $54bn takeover over British chip designer Arm – report

(2021/08/27)


Nvidia told The Reg it would work "with the European Commission to address any concerns they may have" after reports it is set open a formal competition law investigation into the AI firm's purchase of Arm from Softbank.

The Financial Times reported this morning that the political bloc will examine whether or not the $54bn takeover deal will result in reduced competition between the world's leading chip designers.

"The investigation is likely to begin after Nvidia officially notifies the European Commission of its plan to acquire Arm," [1]said the UK financial newspaper, quoting two people in the know about Nvidia's plans, "with the US chipmaker planning to make its submission in the week starting September 6."

[2]

An Nvidia spokesperson told The Reg : "This transaction will be beneficial to Arm, its licensees, competition, and the industry. We are working through the regulatory process and we look forward to engaging with the European Commission to address any concerns they may have."

[3]

[4]

CFO Colette Kress told investors on an earnings call for the firm's [5]Q2 2022 last week: "We are working through the regulatory process, although some Arm licensees have expressed concerns and objected to the transaction.

EU regulators were always expected to raise concerns about the deal but are following in the footsteps of Britain's Competition and Markets Authority, which made a [6]surprise announcement last week that it believes the deal will harm competition for CPU, GPU and system-on-chip designs. A formal government report will be delivered in January 2022.

[7]

Japan's SoftBank conglomerate first [8]floated the idea of selling Cambridge-headquartered chip designer Arm last year , having bought the company in 2016 for £23bn ($32bn at the time of the deal). An $22bn premium on that price would represent a healthy return on that investment.

[9]Arm chief hits out at 'ill-informed speculation' over proposed Nvidia buyout

[10]Arm freezes hiring until Nvidia takeover, cancels everyone's 'wellbeing' allowance

[11]UK's competition regulator fires red flare over Nvidia's $40bn Arm takeover deal

[12]British defence supplier Ultra Electronics to be sold for £2.6bn to US-controlled firm

Aside from Brussels, China is also expected to raise its own serious concerns over the buyout. Arm is one of the few chip designers that is mostly unaffected by [13]US sanctions on chip design technology , meaning if the UK company entered US ownership, China would potentially lose access to technology underpinning its [14]globally important chip supply chain .

While companies such as Huawei have been forced into action by US sanctions targeting it [15]specifically , so far those efforts are at a very early stage. According to [16]reports earlier this week, officials in America had approved licence applications for Entity List wallflower Huawei, so it could buy chips for its growing auto component business.

As for Arm, it has suspended hiring until the Nvidia buyout is complete, as The Register [17]exclusively reported earlier this year.

British competition regulators have OK'd the purchase of Newport Wafer Fab by [18]China-based biz Wingtech while simultaneously [19]halting the buyout of Ultra Electronics by US firm Advent International over competition law fears. ®

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[1] https://www.ft.com/content/08fac465-71bf-4f9e-8ee0-11dd37943326

[2] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offprem/edgeiot&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2YSlgnPr5uDxoUdGZJPYgwAAAAEY&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0

[3] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offprem/edgeiot&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44YSlgnPr5uDxoUdGZJPYgwAAAAEY&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0

[4] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offprem/edgeiot&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33YSlgnPr5uDxoUdGZJPYgwAAAAEY&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0

[5] https://www.fool.com/earnings/call-transcripts/2021/08/18/nvidia-corporation-nvda-q2-2022-earnings-call-tran/

[6] https://www.theregister.com/2021/08/20/arm_nvidia_buyout_competition_concerns_gov_report/

[7] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offprem/edgeiot&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44YSlgnPr5uDxoUdGZJPYgwAAAAEY&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0

[8] https://www.theregister.com/2020/07/14/softbank_considering_arm_sale_report/

[9] https://www.theregister.com/2021/07/05/arm_chief_nvidia_buyout/

[10] https://www.theregister.com/2021/05/25/arm_hiring_allowance_freeze_nvidia/

[11] https://www.theregister.com/2021/08/20/arm_nvidia_buyout_competition_concerns_gov_report/

[12] https://www.theregister.com/2021/08/17/ultra_electronics_sold_2_6_bn/

[13] https://www.theregister.com/2019/10/26/arm_huawei_china_ip_licensing/

[14] https://www.theregister.com/2020/05/16/huawei_chip_ban_latest/

[15] https://www.theregister.com/2020/11/02/huawei_in_house_chipmaking/

[16] https://www.reuters.com/business/autos-transportation/exclusive-us-approves-licenses-huawei-buy-auto-chips-sources-2021-08-25/

[17] https://www.theregister.com/2021/05/25/arm_hiring_allowance_freeze_nvidia/

[18] https://www.theregister.com/2021/08/17/newport_wafer_fab_sold_to_wingtech

[19] https://www.theregister.com/2021/08/19/ultra_electronics_buyout_paused_dcms/

[20] https://whitepapers.theregister.com/



Majority Voting?

Lon24

Should China and the EU decide against the merger. But the UK decides for it. Who rules?

Answers on the back of a Union Jack please.

Re: Majority Voting?

Pascal Monett

Agreed.

And besides, how is it that the UK now has 'significant concerns' ? Didn't the acquisition receive the UK's blessing ?

It's a bit late to complain now.

All them offices worldwide

Snowy

I wonder who will object next.

Whatt???

itzman

It simply is none of the EU or Chinas business.

They have no legal say in it.

Re: Whatt???

Lon24

They do within their jurisdictions - which are rather bigger chunks of ARM's business than the UK's.

But you knew that you naughty boy ;-)

Re: Whatt???

Len

If your market is big enough for the merging companies you do have a say in it.

China and the EU are two of the three biggest markets in the world. Unless Nvidia is happy to buy ARM but keep it separate in the EU or China (or never sell any products in the EU or China ever again) Nvidia will have to take their opinion into account.

Let me remind you of [1]the case where the EU blocked the purchase of American company Honeywell by American company General Electric because it would have an adverse effect on competition. GE could not afford to lose the EU market so the purchase could not go ahead, despite the US antitrust regulator already having approved the deal.

[1] https://en.wikipedia.org/wiki/Brussels_effect#Antitrust

Anonymous Coward

I'm not sure why they're even considering it. This should be stamped down hard. Nvidia is the last company I'd trust not to abuse of a monopoly.

JerseyDaveC

Who would be the first dozen or so you would trust? :-)

If you have to ask how much it is, you can't afford it.