Media Merger Referral Consultation
Before making a decision to refer a media merger to the competition authorities on public interest grounds, the Secretary of State should consult relevant parties as to the arguments for and against a referral, and should be required to make public his reasons for reaching a decision one way or the other.
- Ofcom has a statutory role in advising the Secretary of State on media public interest considerations in merger cases, including plurality (Enterprise Act 2002, Section 44A).
- The merger regime was applied in practice during the 21st Century Fox/Sky merger proposal (2017-2018), where the Secretary of State consulted Ofcom and the CMA, and published detailed reasons for the referral decision (DCMS, Fox/Sky merger, 2017-2018).
How was this evidence gathered?
Response
Accepted
Response
AcceptedThe government accepted recommendations on media plurality. Ofcom developed a measurement framework for media plurality in 2015, publishes regular Media Nations reports, and has a full menu of remedies available for plurality concerns. The Enterprise Act 2002 and Communications Act 2003 provide the legislative basis for intervention on media mergers. Source: https://www.gov.uk/government/speeches/david-cameron-statement-in-response-to-the-leveson-inquiry-report
Published Evidence
Published assessments of progress from inspectorates, select committees, official progress reports, and other sources. Source type badge indicates whether each assessment is independent or government self-reported.
The media merger public interest intervention process requires the Secretary of State to consult and publish reasons for decisions. This was demonstrated in the 2017-2018 Fox/Sky merger and more recently in merger considerations.
View detailed findings
Consultation and transparency requirements for media merger referrals are in place.