• “media public interest consideration” means any consideration which, at the time of the giving of the European intervention notice concerned, is specified in section 58(2A) to (2C) of the Act, or in the opinion of the Secretary of State, is concerned with broadcasting or newspapers and ought to be specified in section 58 of the Act.

Additional investigation and report by OFCOM: media mergers4A

1

Paragraph (2) applies where—

a

the Secretary of State has given a European intervention notice in relation to a relevant merger situation under section 67 of the Act; and

b

the European intervention notice mentions any media public interest consideration.

2

OFCOM shall, within such period as the Secretary of State may require, give a report to the Secretary of State on the effect of the consideration or considerations concerned on the case.

3

The report shall contain—

a

advice and recommendations on any media public interest consideration mentioned in the European intervention notice concerned and which is or may be relevant to the Secretary of State’s decision as to whether to make a reference under article 5; and

b

a summary of any representations about the case which have been received by OFCOM and which relate to any such consideration.

4

OFCOM shall carry out such investigations as they consider appropriate for the purposes of producing a report under this article.

2A

Where the report relates to a reference under article 5 which has been made after a report of OFCOM under article 4A, the Commission shall give a copy of its report (whether or not published) to OFCOM.

la

section 104A (public consultation in relation to media mergers);

ma

section 106B (general advisory functions of OFCOM);

ya

section 119A (other general functions of OFCOM);

12A

Section 104A shall apply as if—

a

for the words in subsection (1) there were substituted—

1

Subsection (2) applies where the Commission is preparing a report under article 5 of the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 which specifies a media public interest consideration.

b

in subsection (2) the words “or special merger situation” were omitted.

ab

in subsection (1A) for the words “section 44A or 61A” there were substituted “article 4A of the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003”.

13A

Section 106B shall apply as if—

a

for the words in subsection (1) there were substituted—

1

OFCOM may, in connection with any case on which they are required to give a report by virtue of article 4A of the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003, give such advice as they consider appropriate to the Secretary of State in relation to—

a

any report made by the Commission under article 8 of the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003; and

b

the taking by the Secretary of State of enforcement action under Schedule 2 to the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003

b

in subsection (2) for the words “section 44A or 61A” there were substituted “article 4A of the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003”; and

c

in subsection (3) for the words “section 50 or 65” there were substituted “article 8 of the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003”.

20A

Section 119A shall apply as if in subsections (1) and (4) for the words “this Part” there were substituted “the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003”.

ba

in paragraph 20A(1)(a) for the words “intervention notice” there were substituted “European intervention notice” and in paragraph 20A(1)(a)(ii) for the words “relevant merger situation” there were substituted “European relevant merger situation”; and

za

in paragraph 1 the reference in the definition of “newspaper merger reference” to section 45 of the Enterprise Act 2002 shall have effect as if it included a reference to article 5 of the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003;