CMA provisionally clears Viasat/Inmarsat merger
March 1, 2023
By Colin Mann
The UK’s Competition and Markets Authority (CMA) has provisionally cleared the proposed merger between Viasat and Inmarsat following an in-depth review which revealed the business would likely face significant competition from both emerging and established players as the sector expands.
While Viasat and Inmarsat compete closely, the merged company would be challenged by new competitor Starlink, as well as established firms such as Intelsat and Panasonic, in the coming years
The CMA referred the deal to an in-depth Phase 2 inquiry after identifying competition concerns during its initial, Phase 1, investigation.
Over the past four months, an independent CMA panel has gathered and scrutinised a wide range of evidence in order to better understand the sector, as well as the potential impact of the deal. This included internal documents from Viasat and Inmarsat, as well as the companies’ competitors (including their plans for future expansion); evidence from airlines; the CMA’s own analysis of sector conditions – and how these could change.
In a Phase 2 review, the panel considers whether it is more likely than not that a deal will lessen competition – a higher threshold than Phase 1. Accordingly, some mergers that are referred to Phase 2 will ultimately be cleared.
The CMA’s investigation into the Viasat/Inmarsat deal has provisionally found that, while the companies compete closely in the aviation sector – specifically in the supply of satellite connections for onboard WiFi – the deal does not substantially reduce competition for services provided on flights used by UK customers.
The CMA’s investigation has found that the satellite sector is expanding rapidly – a trend the evidence suggests is likely to continue. This is due to increased demand for satellite connectivity, driven in large part by the ever-growing use of the internet by businesses and consumers both at home and whilst travelling.
The satellite industry has seen a number of new players entering – or planning to enter – the sector, including Starlink (operated by SpaceX), which is rapidly increasing its presence in the provision of satellite connections to aircraft. During the investigation, the firm has launched a significant number of additional satellites and won its first contract with a European airline, airBaltic.
Established competitors, such as Panasonic and Intelsat, are also investing and entering into new partnerships. For example, both firms have signed agreements with recent entrant OneWeb to use its satellite fleet to enhance their offerings to airlines.
“This is an evolving and rapidly expanding sector, in which there have been significant developments even during the course of our four-month investigation,” advised Richard Feasey, chair of the independent inquiry group carrying out the Phase 2 investigation. We see this continuing as demand for satellite connectivity increases.”
“While Viasat and Inmarsat compete closely, the evidence suggests that the merged company will face significant competition in the coming years – from both emerging players like Starlink and from established firms like Intelsat and Panasonic.”
“This competition has led us to provisionally conclude that airlines and their UK customers will not be adversely affected by the deal,” he added.
The findings are provisional, and the CMA will now consult on its findings and listen to any further views before reaching a final decision.
The CMA welcomes responses from interested parties to its provisional findings by March 21st, 2023. These will be considered ahead of the CMA issuing its final report, which is due by March 30th, 2023.
Other potential competition could come from OneWeb and Amazon’s Project Kuiper as well as other suppliers around the globe including Gogo, Anuvu and SES/Thales and its InFlyt service, notes Chris Forrester.
A European Commission examination is still underway and the US decision on the proposed deal is still awaited but both are likely to wrap by mid-year.
“We welcome today’s announcement,” said a statement from the two parties concerned, “and that Viasat’s proposed acquisition of Inmarsat will not substantially lessen competition. We will continue to engage with regulators in Europe and the US on remaining regulatory approvals.”