Part 5

Competition in communications markets
Chapter 2

Media mergers

New general functions in relation to media mergers

Public consultation in relation to media mergers
381
After section 104 of the Enterprise Act 2002 (c. 40) there shall be inserted—

Public consultation in relation to media mergers
104A
1
Subsection (2) applies where the Commission—
a
is preparing—
i
a report under section 50 on a reference which specifies a media public interest consideration; or
ii
a report under section 65 on a reference which specifies a consideration specified in section 58(2A) to (2C); and
b
is not under a duty to disregard the consideration concerned.
2
The Commission shall have regard (among other things) to the need to consult the public so far as they might be affected by the creation of the relevant merger situation or special merger situation concerned and so far as such consultation is practicable.
3
Any consultation of the kind mentioned in subsection (2) may be undertaken by the Commission by consulting such representative sample of the public or section of the public concerned as the Commission considers appropriate.
S. 381 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)