Part 3Mergers
F1Chapter 3AMergers involving newspaper enterprises and foreign powers
70AIntervention by the Secretary of State
(1)
The Secretary of State must give the CMA a notice (a “foreign state intervention notice”) if the Secretary of State has reasonable grounds for suspecting that it is or may be the case that—
(a)
a foreign state newspaper merger situation has been created, or
(b)
arrangements are in progress or in contemplation which, if carried into effect, will result in the creation of a foreign state newspaper merger situation.
(2)
A foreign state intervention notice must describe the foreign state newspaper merger situation to which it relates.
(3)
For the purposes of this Chapter a foreign state newspaper merger situation has been created where—
(a)
as a result of two or more enterprises ceasing to be distinct, a relevant merger situation would have been created by virtue of section 23(1) if the modifications in Schedule 6A had effect,
(b)
one of the enterprises concerned is a newspaper enterprise, and
(c)
as a result of the enterprises ceasing to be distinct, a foreign power is able to control or influence the policy of the person carrying on the newspaper enterprise, or is able to control or influence that policy to a greater extent.
(4)
Schedule 6B makes provision about the circumstances in which a foreign power is able to control or influence the policy of a person for the purposes of this section (and references to a foreign power being able to control or influence the policy of a person to a greater extent are to be interpreted accordingly).
(5)
A foreign state intervention notice—
(a)
comes into force when it is given, and
(b)
ceases to be in force when the matter to which it relates is finally determined under this Chapter (see section 70F).