Part 5

Competition in communications markets
Chapter 2

Media mergers

Extension of special public interest regime

Adaptation of role of OFT in special public interest regime
379
1
Section 61 of the Enterprise Act 2002 (c. 40) (initial investigation and report by OFT in special public interest cases) shall be amended as follows.
2
In subsection (3)(b) (report must include summary of representations about considerations specified in section 58) after the word “concerned” there shall be inserted “(other than a consideration which, at the time of the giving of the notice, was specified in section 58(2A) to (2C))”.
3
In subsection (4) for the words “59(4)(b)” there shall be substituted “59(3B)(b)”.
4
After subsection (4) there shall be inserted—
4A
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 consideration which—
a
is mentioned in the special intervention notice concerned and, at the time of the giving of that notice, was specified in section 58(2A) to (2C); and
b
is or may be relevant to the Secretary of State’s decision as to whether to make a reference under section 62.