378 Extension of special public interest regime for certain media mergers
Communications Act 2003 (2003 c 21) | Legislation

Extension of special public interest regime

378  Extension of special public interest regime for certain media mergers

(1)     In section 59 of the Enterprise Act 2002 (c 40) (intervention by Secretary of State in special public interest cases), for subsections (3) and (4) (definition of “special merger situation”) there shall be substituted—

“(3)     For the purposes of this Part a special merger situation has been created if—

(a)     the condition mentioned in subsection (3A) is satisfied; and

(b)     immediately before the enterprises concerned ceased to be distinct—

(i)     the conditions mentioned in subsection (3B) were satisfied;

(ii)     the condition mentioned in subsection (3C) was satisfied; or

(iii)     the condition mentioned in subsection (3D) was satisfied.

(3A)     The condition mentioned in this subsection is that—

(a)     no relevant merger situation has been created because of section 23(1)(b) and (2)(b); but

(b)     a relevant merger situation would have been created if those enactments were disregarded.

(3B)     The conditions mentioned in this subsection are that—

(a)     at least one of the enterprises concerned was carried on in the United Kingdom or by or under the control of a body

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