Part 5

Competition in communications markets
Chapter 2

Media mergers

Supplemental provisions of Chapter 2

Enforcement powers in relation to newspaper and other media mergers
387
In Schedule 8 to the Enterprise Act 2002 (provision that may be contained in certain enforcement orders) after paragraph 20 there shall be inserted—

Newspaper mergers
20A
1
This paragraph applies in relation to any order—
a
which is to be made following the giving of—
i
an intervention notice which mentions a newspaper public interest consideration;
ii
an intervention notice which mentions any other media public interest consideration in relation to a relevant merger situation in which one of the enterprises ceasing to be distinct is a newspaper enterprise;
iii
a special intervention notice which mentions a consideration specified in section 58(2A) or (2B); or
iv
a special intervention notice which, in relation to a special merger situation in which one of the enterprises ceasing to be distinct is a newspaper enterprise, mentions a consideration specified in section 58(2C); and
b
to which the consideration concerned is still relevant.
2
The order may make such provision as the person making the order considers to be appropriate in all circumstances of the case.
3
Such provision may, in particular, include provision requiring a person to do, or not to do, particular things.
4
Provision made by virtue of this paragraph may, in particular, include provision—
a
altering the constitution of a body corporate (whether in connection with the appointment of directors, the establishment of an editorial board or otherwise);
b
requiring the agreement of the relevant authority or another person before the taking of particular action (including the appointment or dismissal of an editor, journalists or directors or acting as a shadow director);
c
attaching conditions to the operation of a newspaper;
d
prohibiting consultation or co-operation between subsidiaries.
5
In this paragraph “newspaper public interest consideration” means a media public interest consideration other than one which is such a consideration—
a
by virtue of section 58(2C); or
b
by virtue of having been, in the opinion of the Secretary of State, concerned with broadcasting and a consideration that ought to have been specified in section 58.
6
This paragraph is without prejudice to the operation of the other paragraphs of this Schedule in relation to the order concerned.