Part 5

Competition in communications markets
Chapter 2

Media mergers

Extension of special public interest regime

Additional investigation and report by OFCOM: special public interest cases
380
After section 61 of the Enterprise Act 2002 (initial investigation and report by OFT in special public interest cases) there shall be inserted—

Additional investigation and report by OFCOM: certain media mergers
61A
1
Subsection (2) applies where—
a
the Secretary of State has given a special intervention notice in relation to a special merger situation; and
b
the special intervention notice mentions any consideration which, at the time of the giving of the notice, was specified in section 58(2A) to (2C).
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 consideration which—
i
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
ii
is or may be relevant to the Secretary of State’s decision as to whether to make a reference under section 62; 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.