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”.