Part 3

Mergers
Chapter 2

Public interest cases

Other

Specified considerations
58
1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2A
The need for—
a
accurate presentation of news; and
b
free expression of opinion;
in
news media
is specified in this section.
2B
The need for, to the extent that it is reasonable and practicable, a sufficient plurality of views in
news media
in each market for
news media
in the United Kingdom or a part of the United Kingdom is specified in this section.
2C
The following are specified in this section—
a
the need, in relation to every different audience in the United Kingdom or in a particular area or locality of the United Kingdom, for there to be a sufficient plurality of persons with control of the media enterprises serving that audience;
b
the need for the availability throughout the United Kingdom of a wide range of broadcasting which (taken as a whole) is both of high quality and calculated to appeal to a wide variety of tastes and interests; and
c
the need for persons carrying on
enterprises consisting in or involving broadcasting
, and for those with control of such enterprises, to have a genuine commitment to the attainment in relation to broadcasting of the standards objectives set out in section 319 of the Communications Act 2003.
2D
The interest of maintaining the stability of the UK financial system is specified in this section ....
2E
The need to maintain in the United Kingdom the capability to combat, and to mitigate the effects of, public health emergencies is specified in this section.
2F
In this Part, “
news media
” means—
a
newspapers; or
b
news programmes.
2G
In this Part, “
news programme
” means a programme—
a
consisting of, or including, news-related material; and
b
included in broadcasting.
2H
For the purposes of subsection (2G)—
a
“
news-related material
” includes—
i
news or information about current affairs; and
ii
opinion about matters relating to the news and current affairs;
b
a programme is not to be treated as consisting of, or including, news-related material if the news-related material contained in the programme—
i
is included only incidentally to the main content of the programme; or
ii
relates wholly to a particular pastime, hobby, trade, business, industry or profession.
3
The Secretary of State may by order modify this section for the purpose of specifying in this section a new consideration or removing or amending any consideration which is for the time being specified in this section.
4
An order under this section may, in particular—
a
provide for a consideration to be specified in this section for a particular purpose or purposes or for all purposes;
b
apply in relation to cases under consideration by the CMA, OFCOM or the Secretary of State before the making of the order as well as cases under consideration on or after the making of the order.
S. 58(2A)-(2C) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 375(1), 411(2)(3) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to arts. 3(3), 11)
Pt. 3 (ss. 22-130) modified (20.6.2003) by 1998 c. 41, Sch. 7 para. 20(3) (as substituted by Enterprise Act 2002 (c. 40), ss. 185, 279, {Sch. 11 para. 11(2)-(4)(8)}; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
Pt. 3 excluded in part (29.9.2008) by The Bradford & Bingley plc Transfer of Securities and Property etc. Order 2008 (S.I. 2008/2546), arts. 1(2), 40
S. 58(2D) inserted (24.10.2008) (with application in accordance with art. 1(2) of the amending S.I.) by The Enterprise Act 2002 (Specification of Additional Section 58 Consideration) Order 2008 (S.I. 2008/2645), arts. 1(1), 2
Pt. 3 modified (1.7.2012) by Health and Social Care Act 2012 (c. 7), ss. 79, 306(4); S.I. 2012/1319, art. 2(3)
Pt. 3 modified (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 4 para. 56; S.I. 2014/416, art. 2(1)(c) (with Sch.)
Words in s. 58(4)(b) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 100 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
S. 58(2E) inserted (23.6.2020) by The Enterprise Act 2002 (Specification of Additional Section 58 Consideration) Order 2020 (S.I. 2020/627), arts. 1(1), 2
Pt. 3 modified (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 4 paras. 28-33; 2020 c. 1, Sch. 5 para. 1(1)
Words in s. 58(2D) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 45(b) (with Sch. 4 para. 28) (as amended by S.I. 2020/1343, regs. 1(1), 35-59); 2020 c. 1, Sch. 5 para. 1(1)
S. 58(1) omitted (4.1.2022) by virtue of National Security and Investment Act 2021 (c. 25), s. 66(3), Sch. 2 para. 7 (with s. 62); S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)
S. 58(2) omitted (4.1.2022) by virtue of National Security and Investment Act 2021 (c. 25), s. 66(3), Sch. 2 para. 7 (with s. 62); S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)
Pt. 3 excluded (28.6.2022) by 1992 c. 13, s. 56A(9B) (as inserted (E.W.) by Skills and Post-16 Education Act 2022 (c. 21), ss. 23(2)(f), 36(2))
Pt. 3 excluded (28.6.2022) by 1992 c. 13, s. 56E(9B) (as inserted (E.W.) by Skills and Post-16 Education Act 2022 (c. 21), ss. 23(3)(f), 36(2))
Pt. 3 modified (1.7.2022) by 2006 c. 41, s. 72A (as inserted by Health and Care Act 2022 (c. 31), ss. 83(1), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30))
Pt. 3 applied (with modifications) (29.12.2004) by Water Industry Act 1991 (c. 56), Sch. 4ZA paras. 1, 2 (as inserted by Enterprise Act 2002 (c. 40), ss. 70(2), 279, Sch. 6); S.I. 2004/3233, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)
Pt. 3 (ss. 22-130) applied (1.10.2005) by Water Industry Act 1991 (c. 56), s. 17M(4) (as inserted by Water Act 2003 (c. 37), ss. 56, 105(3), Sch. 4 para. 2); S.I. 2005/2714, art. 2(h) (with Sch. para. 5)
Pt. 3 applied (1.10.2005) by Water Industry Act 1991 (c. 56), s. 17Q(9) (as inserted by Water Act 2003 (c. 37), ss. 56, 105(3), Sch. 4 para. 2); S.I. 2005/2714, art. 2(h) (with Sch. para. 5)
Pt. 3 applied in part (N.I.) (1.4.2007) by The Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2)(3), 23(4), 27(9); S.R. 2007/194, art. 2(2), Sch. 1 Pt. 2 (with Sch. 2)
Pt. 3 modified (E.W.) (29.12.2004) by The Water Mergers (Modification of Enactments) Regulations 2004 (S.I. 2004/3202), regs. 2-35 (as amended (1.4.2014) by S.I. 2014/549, art. 1(1), Sch. 1 para. 22 (with art. 3); (18.12.2015) by S.I. 2015/1936, regs. 1, 3-20; (6.12.2023) by S.I. 2023/1185, arts. 1(2), 9-27); and (23.8.2024) by S.I. 2024/840, regs. 1(1), 3-7; and (1.1.2025) by S.I. 2024/1234, regs. 1(1), 3-10 (with reg. 11))
S. 58(2F)-(2H) inserted (24.7.2025) by The Enterprise Act 2002 (Amendment of Section 58 Considerations) Order 2025 (S.I. 2025/737), arts. 1(1), 2(d)
Words in s. 58(2A) substituted (24.7.2025) by The Enterprise Act 2002 (Amendment of Section 58 Considerations) Order 2025 (S.I. 2025/737), arts. 1(1), 2(a)
Words in s. 58(2B) substituted (24.7.2025) by The Enterprise Act 2002 (Amendment of Section 58 Considerations) Order 2025 (S.I. 2025/737), arts. 1(1), 2(b)
Words in s. 58(2C)(c) substituted (24.7.2025) by The Enterprise Act 2002 (Amendment of Section 58 Considerations) Order 2025 (S.I. 2025/737), arts. 1(1), 2(c)