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UK Tech Investment at Risk: Investors Warn Over M&A Regulation

September 14, 2021
UK Tech Investment at Risk: Investors Warn Over M&A Regulation

U.K. Tech Investment Threatened by Regulatory Concerns

A recent industry survey indicates that tech investors in the United Kingdom are becoming apprehensive due to potential stricter regulations on startup mergers and acquisitions (M&A). This apprehension stems from signals suggesting increased scrutiny from competition authorities.

CMA's Digital Markets Unit and Investor Concerns

As the U.K.’s Chancellor of the Exchequer held discussions with the tech sector, the Coalition for a Digital Economy (Coadec) published findings from a survey of over 50 investors. The results reveal a willingness among investors to reduce capital deployment should the Competition and Markets Authority’s (CMA) Digital Markets Unit (DMU) evolve into a broad-based “whole-economy regulator”.

Investors expressed worry following the CMA’s recommendation to grant the DMU ‘expanded powers’ in its examination of M&A transactions. This has fueled debate surrounding the DMU’s potential to impede acquisitions of tech startups, particularly those involving U.S. companies, sometimes citing national security considerations.

Potential Impact on Investment Levels

The Coadec survey highlighted that half of the investors surveyed would significantly curtail their investments in U.K. startups if exit opportunities were limited. An additional 22.5% indicated they would cease investing in U.K. startups altogether under more stringent regulations.

A substantial 60% of investors believe U.K. regulators possess only a “basic understanding” of the startup landscape, while 22.2% feel regulators lack understanding of the tech startup market entirely.

Economic Consequences Projected

Coadec estimates that the U.K. government’s DMU proposals could lead to a £2.2 billion decrease in venture capital investment within the U.K. This reduction could potentially diminish U.K. economic growth by £770 million.

Dom Hallas, executive director of Coadec, commented: “Competitive markets are essential for startup success. However, effective ecosystem support requires discerning intervention. The data suggests a risk of overlooking problematic behavior in certain areas while simultaneously creating unnecessary obstacles in others, such as M&A. Critically, there is a lack of confidence in the regulators proposing these changes.”

Government Response and Industry Dialogue

These survey results coincided with Chancellor Rishi Sunak’s “Treasury Connect” conference, which convened CEOs from leading U.K. tech companies and venture capitalists for an industry “listening process”.

However, Sunak countered the survey’s findings during a press conference, referencing research led by Professor Jason Furman, chair of the Digital Competition Expert Panel. This research indicated that the DMU has not blocked “a single acquisition” and has not produced any “false positives” in its decision-making process to date. Sunak emphasized the aim to “get the balance right”.

Investment Records and Government Initiatives

A Treasury statement released today noted that over one-fifth of the workforce in the U.K.’s largest cities is now employed in the tech sector. The sector also attracted £11.2 billion in investment last year, a new record, according to the statement.

Sunak also highlighted the success of the Future Fund, which provided convertible loans to U.K.-based tech firms during the pandemic, resulting in U.K. taxpayers holding stakes in over 150 high-growth companies.

Future Fund Success Stories

Notable investments from the Future Fund include Vaccitech PLC, a co-inventor of the COVID-19 vaccine developed with the University of Oxford (known as the AstraZeneca vaccine), which was distributed to 170 countries. Century Tech, an edtech startup utilizing AI for personalized learning, also received funding.

The U.K. government’s £375 million Future Fund: Breakthrough initiative, launched in July, continues to focus on high-growth, research and development-intensive companies.

Regulatory Focus and Startup Concerns

The Coadec survey also revealed that 70% of investors believe U.K. regulators primarily consider the interests of established companies when formulating competition rules, rather than startups or future innovation.

Despite these concerns, London remains highly regarded, alongside California, as an attractive destination for startups and investors.

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