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The UK Defence Industry in the 21  Century
                                                                        st
                                            The Five Forces of Americanisation

                       management: politically well-connected, intellectually and technically outstanding and free
                       from many of the constraints of the well-regulated banking and public company communities

                   •  One of the firm’s most well-known investments was Dyncorp International, acquired in 2010
                       for around US$1 bn. Its provision of services for the US military had involved operations in
                       several  conflict  zones,  including  Iraq,  Afghanistan,  Bolivia,  Bosnia,  Somalia,  Angola,  Haiti,
                       Kosovo  and  Kuwait,  with  over  90%  of  its  sales  derived  from  the  US  government,  It  was
                       acquired by Amentum Holdings in 2020 for an undisclosed sum.
                   •  On March 14, 2025 – “Cerberus Capital Management, L.P., a global leader in alternative
                       investing, today issued the following statement:
                       “We are incredibly proud of our Co-Founder Steve Feinberg on his confirmation as the 36th
                       Deputy Secretary of Defense of the United States. We know that Steve will bring to this vital
                       role the same intelligence, energy, and commitment that we have experienced for more than
                       three decades at Cerberus.
                       On behalf of Cerberus’ global team, we congratulate Steve on his appointment and thank him
                       for building the Firm into the leader it is today.”
                   •  It remains to be seen who will acquire Ultra’s Maritime & Land (now called Command & Sonar
                       Systems) business. Israel’s Elbit Systems could appear a front runner. This would probably not
                       be  the  outcome  expected  when  UK  Secretary  of  State  for  Business,  Energy  &  Industrial
                       Strategy Kwasi Kwarteng approved the sale of Ultra: enabling an Israeli firm to acquire UK anti-
                       submarine warfare technology.
                       This does, however, appear unlikely at present, since the DoD is monitoring the situation
                       closely. It does not want to see too much supplier consolidation in the area. Interestingly,
                       supplier consolidation likely to limit wider technological development is cited as the reason
                       why the US Department of Justice rejected Ultra’s acquisition of Sparton.

                       “Addressing Intellectual Property Limitations.
                       “Certain practices surrounding intellectual property (IP) and data rights have been used to limit
                       competition in DoD purchasing and to induce “vendor-lock” and other undesirable results. DoD will
                       implement best practices for identifying its long-term IP needs early in the competitive phases of
                       acquisition programs, ensuring IP is an evaluation factor in competitive awards and a negotiation
                       objective in solesource awards, and contracting with vendors who are willing to provide the
                       government the IP deliverables and rights it needs.
                       “In its ongoing modernization of its approach to IP rights, DoD should do what it can to create IP-
                       related procedures that do not result in unnecessary anticompetitive consequences.”
                       (Department of Defense Report on Executive Order 14017, America’s Supply Chain, February, 2022)

                       Looking at Sparton’s change of ownership, the role of Cerberus (ie: acquiring a business then
                       breaking it up, with the defence element sold to a buyer that met the DoD’s IP protection
                       needs) could be viewed as a normal market intervention. Alternatively, if Cerberus was shown
                       to have been encouraged to act by the DoD, it could be seen as an example of the DoD’s
                       “modernized  approach  to  IP  rights”.  Whatever  the  case,  it  seems  to  have  produced  an
                       outcome that suited the DoD’s long term IP needs and met Cerberus’ investment returns’
                       objectives.

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               07/07/2025                                                                                                                                   Richard Hooke 2025
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