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(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— | 5 |
(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) or (2B); and | |
(b) is or may be relevant to the Secretary of State’s decision as to | |
whether to make a reference under section 62.” | 10 |
366 Additional investigation and report by OFCOM: special public interest cases | |
After section 61 of the Enterprise Act 2002 (c. 40) (initial investigation and | |
report by OFT in special public interest cases) there shall be inserted— | |
“61A Additional investigation and report by OFCOM: certain newspaper | |
mergers | 15 |
(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 | 20 |
section 58(2A) or (2B). | |
(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— | 25 |
(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) or (2B); and | |
(ii) is or may be relevant to the Secretary of State’s decision | 30 |
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 | 35 |
appropriate for the purposes of producing a report under this section.” | |
New general functions in relation to newspaper mergers | |
367 Public consultation in relation to newspaper mergers | |
After section 104 of the Enterprise Act 2002 there shall be inserted— | |
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“104A Public consultation in relation to newspaper mergers | |
(1) Subsection (2) applies where the Commission— | |
(a) is preparing— | |
(i) a report under section 50 on a reference which specifies | |
a newspaper public interest consideration; or | 5 |
(ii) a report under section 65 on a reference which specifies | |
a consideration specified in section 58(2A) or (2B); 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 | 10 |
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 | 15 |
Commission considers appropriate.” | |
368 General information duties in relation to newspaper mergers | |
(1) Section 105 of the Enterprise Act 2002 (c. 40) (general information duties of OFT | |
and Competition Commission) shall be amended as follows. | |
(2) After subsection (1) there shall be inserted— | 20 |
“(1A) Where OFCOM decide to investigate a matter so as to make a report | |
under section 44A or 61A, they shall, so far as practicable, take such | |
action as they consider appropriate to bring information about the | |
investigation to the attention of those whom they consider might be | |
affected by the creation of the relevant merger situation concerned or | 25 |
(as the case may be) the special merger situation concerned.” | |
(3) In subsection (2) (exclusion for merger notices) for the words “Subsection (1) | |
does” there shall be substituted “Subsections (1) and (1A) do”. | |
(4) In subsection (3) (duty of OFT to give requested assistance to Competition | |
Commission)— | 30 |
(a) after the word “Commission”, where it occurs for the first time, there | |
shall be inserted “or OFCOM”; and | |
(b) after the word “Commission”, where it occurs for the second, third and | |
fourth time, there shall be inserted “or (as the case may be) OFCOM”. | |
(5) After subsection (3) there shall be inserted— | 35 |
“(3A) OFCOM shall give the Commission or the OFT— | |
(a) such information in their possession as the Commission or (as | |
the case may be) the OFT may reasonably require to enable the | |
Commission or (as the case may be) the OFT to carry out its | |
functions under this Part; and | 40 |
(b) any other assistance which the Commission or (as the case may | |
be) the OFT may reasonably require for the purpose of assisting | |
it in carrying out its functions under this Part and which it is | |
within the power of OFCOM to give.” | |
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(6) In subsection (4) (duty of OFT to give unrequested information to Competition | |
Commission)— | |
(a) after the word “Commission”, where it occurs for the first time, there | |
shall be inserted “or OFCOM”; and | |
(b) after the word “Commission”, where it occurs for the second and third | 5 |
time, there shall be inserted “or (as the case may be) OFCOM”. | |
(7) After subsection (4) there shall be inserted— | |
“(4A) OFCOM shall give the Commission or the OFT any information in their | |
possession which has not been requested by the Commission or (as the | |
case may be) the OFT but which, in the opinion of OFCOM, would be | 10 |
appropriate to give to the Commission or (as the case may be) the OFT | |
for the purpose of assisting it in carrying out its functions under this | |
Part.” | |
(8) In subsection (5) (duty on OFT and Competition Commission to give requested | |
assistance to the Secretary of State) after the word “OFT”, in both places where | 15 |
it occurs, there shall be inserted “, OFCOM”. | |
(9) In subsection (6) (duty of OFT to give unrequested information to Secretary of | |
State)— | |
(a) after the word “OFT”, where it occurs for the first time, there shall be | |
inserted “and OFCOM”; | 20 |
(b) for the word “its” there shall be substituted “their”; and | |
(c) after the word “OFT”, where it occurs for the second time, there shall be | |
inserted “or (as the case may be) OFCOM”. | |
(10) In subsection (7) (duty to have regard to information given) for the words “or | |
(4)” there shall be substituted “, (3A), (4) or (4A)”. | 25 |
(11) After subsection (7) there shall be inserted— | |
“(7A) OFCOM shall have regard to any information given to them under | |
subsection (3) or (4); and the OFT shall have regard to any information | |
given to it under subsection (3A) or (4A).” | |
369 Advice and information in relation to newspaper mergers | 30 |
After section 106 of the Enterprise Act 2002 (c. 40) there shall be inserted— | |
“106A Advice and information in relation to newspaper mergers | |
(1) The Secretary of State may prepare and publish general advice and | |
information about the considerations specified in section 58(2A) and | |
(2B). | 35 |
(2) The Secretary of State may at any time publish revised, or new, advice | |
or information. | |
(3) Advice or information published under this section shall be prepared | |
with a view to— | |
(a) explaining the considerations specified in section 58(2A) and | 40 |
(2B) to persons who are likely to be affected by them; and | |
(b) indicating how the Secretary of State expects this Part to operate | |
in relation to such considerations. | |
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(4) Any advice or information published by the Secretary of State under | |
this section shall be published in such manner as the Secretary of State | |
considers appropriate. | |
(5) In preparing any advice or information under this section, the Secretary | |
of State shall consult the OFT, OFCOM, the Commission and such other | 5 |
persons as he considers appropriate.” | |
370 General advisory functions of OFCOM in relation to newspaper mergers | |
After section 106A of the Enterprise Act 2002 (c. 40) there shall be inserted— | |
“106B General advisory functions of OFCOM | |
(1) OFCOM may, in connection with any case on which they are required | 10 |
to give a report by virtue of section 44A or 61A, give such advice as they | |
consider appropriate to the Secretary of State in relation to— | |
(a) any report made in such a case by the Commission under | |
section 50 or 65; and | |
(b) the taking by the Secretary of State of enforcement action under | 15 |
Schedule 7. | |
(2) OFCOM may, if requested to do so by the Secretary of State, give such | |
other advice as they consider appropriate to the Secretary of State in | |
connection with any case on which they are required to give a report by | |
virtue of section 44A or 61A. | 20 |
(3) OFCOM shall publish any advice given by them under this section but | |
advice given by them in relation to a report of the Commission under | |
section 50 or 65 or related enforcement action shall not be published | |
before the report itself is published.” | |
371 Other general functions of OFCOM in relation to newspaper mergers | 25 |
After section 119 of the Enterprise Act 2002 there shall be inserted— | |
“Further provision about newspaper mergers | |
119A Other general functions of OFCOM in relation to this Part | |
(1) OFCOM has the function of obtaining, compiling and keeping under | |
review information about matters relating to the carrying out of their | 30 |
functions under this Part. | |
(2) That function is to be carried out with a view to (among other things) | |
ensuring that OFCOM has sufficient information to take informed | |
decisions and to carry out their other functions effectively. | |
(3) In carrying out that function OFCOM may carry out, commission or | 35 |
support (financially or otherwise) research. | |
(4) Section 3 of the Communications Act 2003 (general duties of OFCOM) | |
shall not apply in relation to functions of OFCOM under this Part.” | |
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