CMA Opens Consultation on Whether to Release BAE Systems Undertakings Dating Back to Its 1999 Marconi Acquisition

The Competition and Markets Authority launched a public consultation on 15 October 2026 on its review of undertakings given by British Aerospace plc, now BAE Systems plc, following its acquisition of the Marconi Electronic Systems business of General Electric Company plc on 29 November 1999. The undertakings, which have remained in place for over two decades, included measures designed to safeguard competition and address national security concerns arising in the defence sector. The CMA is inviting views on its intention to re-adopt its 2017 advice to release the remaining undertakings. That 2017 advice had recommended releasing the commitments, but the current consultation suggests the CMA is now formalising that approach through a fresh process. Responses can be submitted directly to the CMA at the dedicated email address published with the consultation. The consultation document runs to four pages and was published alongside the case page for the BAE Systems undertakings review (2026). The review touches on a transaction that shaped the modern UK defence industry, with BAE Systems emerging as Britain's largest defence contractor from the merger. The persistence of undertakings for more than 25 years reflects the sensitivity of defence-sector merger control, where competition concerns and national security considerations can operate on different tracks and timelines.