Part 5

Competition in communications markets
Chapter 2

Media mergers

Adaptation for media mergers of main merger regime

Adaptation of role of OFT in initial investigations and reports
376
1
In section 44(3)(b) of the Enterprise Act 2002 (c. 40) (initial report by OFT in public interest cases must include summary of representations about public interest considerations) after the word “concerned” there shall be inserted “(other than a media public interest consideration)”.
2
After section 44(5) of that Act there shall be inserted—
5A
The report may, in particular, contain a summary of any representations about the case which have been received by the OFT and which relate to any media public interest consideration mentioned in the 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 section 45.
3
After section 44(7) of that Act there shall be inserted—
8
In this Part “media public interest consideration” means any consideration which, at the time of the giving of the intervention notice concerned—
a
is specified in section 58(2A) to (2C); or
b
in the opinion of the Secretary of State, is concerned with broadcasting or newspapers and ought to be specified in section 58.
9
In this Part “broadcasting” means the provision of services the provision of which—
a
is required to be licensed under Part 1 or 3 of the Broadcasting Act 1990 or Part 1 or 2 of the Broadcasting Act 1996; or
b
would be required to be so licensed if provided by a person subject to licensing under the Part in question.
10
In this Part “newspaper” means a daily, Sunday or local (other than daily or Sunday) newspaper circulating wholly or mainly in the United Kingdom or in a part of the United Kingdom.
11
The Secretary of State may by order amend subsections (9) and (10).