Part 5

Competition in communications markets
Chapter 2

Media mergers

Adaptation for media mergers of main merger regime

Additional investigation and report by OFCOM
377
After section 44 of the Enterprise Act 2002 (investigation and report by OFT in public interest cases) there shall be inserted—

Additional investigation and report by OFCOM: media mergers
44A
1
Subsection (2) applies where—
a
the Secretary of State has given an intervention notice in relation to a relevant merger situation; and
b
the intervention notice mentions any media public interest consideration.
2
OFCOM shall, within such period as the Secretary of State may require, give a report to the Secretary of State on the effect of the consideration or considerations concerned on the case.
3
The report shall contain—
a
advice and recommendations on 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; and
b
a summary of any representations about the case which have been received by OFCOM and which relate to any such consideration.
4
OFCOM shall carry out such investigations as they consider appropriate for the purposes of producing a report under this section.