Part 5

Competition in communications markets
Chapter 1

Functions of OFCOM under competition legislation

Application of the Competition Act 1998 to news provision
372
1
Section 194A of the 1990 Act (which modifies the Competition Act 1998 in relation to agreements relating to Channel 3 news provision) shall be amended as follows.
2
In subsection (1)
(meaning of “relevant agreement”)—
a
for “section 31A(a)” there shall be substituted “ section 280 of the Communications Act 2003 ”; and
b
for “section 31(2)”
(in both places) there shall be substituted “ that section ”.
3
In subsections (2), (6) and (7)(b)(i)
(consultations with and notifications to the Office of Fair Trading), after the words “the OFT”, in each place where they occur, there shall be inserted “ and OFCOM ”.
4
In subsection (3)(b)—
a
for “section 31(2)” there shall be substituted “ section 280 of the Communications Act 2003 ”; and
b
for “section 31(1) and (2)” there shall be substituted “ that section of that Act of 2003 ”.
5
In subsection (5)(c)
(declaration without notification), after “the OFT” there shall be inserted “ or OFCOM or both of them ”.
6
In subsection (7)
(restriction on exercise by Office of Fair Trading of Chapter III powers)—
a
for “The OFT may not” there shall be substituted “ Neither the OFT nor OFCOM may ”; and
b
for paragraph (a) there shall be substituted—
a
the Secretary of State has been notified by the OFT or (as the case may be) by OFCOM of its or their intention to do so; and
.
7
In subsection (8)
(notice by Office of Fair Trading to the Secretary of State), for the words from the beginning to “assist” in paragraph (a) there shall be substituted—
8
Where the OFT or OFCOM is or are proposing to exercise any Chapter III powers in respect of a relevant agreement, it or they must give the Secretary of State particulars of the agreement and such other information—
a
it considers or (as the case may be) they consider will assist
.
8
In subsection (9), in the definition of “Chapter III powers”, for “given to the OFT by” there shall be substituted “ of the OFT and of OFCOM under ”.
S. 372 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)