(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—

(a) advice and recommendations on any media public interest consideration mentioned in the European intervention notice concerned and which is or may be relevant to the Secretary of State’s decision as to whether to make a reference under article 5; 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 appropriate for the purposes of producing a report under this article.

Power of Secretary of State to refer the matter

Questions to be decided on references under article 5

Cancellation or variation of references under article 5

Investigations and reports on references under article 5

Time-limits and investigations and reports by Commission

Article 9: supplementary

Restrictions on action where public interest considerations not finalised

Decision and enforcement by Secretary of State

Enforcement action in European intervention notice cases

Publicity requirements

Other provisions of the Act applicable to this Order

Consequential amendments

Initial investigation and report by CMA

Functions to be exercised by CMA groups

5A

Where a reference is made to the chair of the CMA under article 5 for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, the functions of the CMA under or by virtue of the following provisions in relation to the matter concerned are to be carried out on behalf of the CMA by the group so constituted—

(a) articles 6 to 11;

(b) article 14, so far as relating to anything done on behalf of the CMA by the group;

(c) where a reference is treated by virtue of article 7(4) as having been made under article 5(2), paragraph (ab) of section 23(9) of the Act as applied by article 2;

(d) sections 104 and 104A of the Act as applied by article 15;

(e) section 109 of the Act as applied by article 15, where the permitted purpose relates to a function that (by virtue of this article) is being or is to be carried out on behalf of the CMA by the group;

(f) sections 110 to 115 of the Act as applied by article 15, so far as relating to a notice given under section 109 (as so applied) on behalf of the CMA by the group;

(g) section 118(4) of the Act as applied by article 15;

(h) section 120(5)(b) of the Act as applied by article 15, so far as relating to a decision of the group.

Questions to be decided on references under article 5

Cancellation or variation of references under article 5

Investigations and reports on references under article 5

Time-limits and investigations and reports by CMA

Article 9: supplementary

Restrictions on action where public interest considerations not finalised

Decision and enforcement by Secretary of State

Enforcement action in European intervention notice cases

Publicity requirements

Other provisions of the Act applicable to this Order

Consequential amendments

Pre-emptive ... orders

Enterprise and Regulatory Reform Act 2013 (c. 24)

18

In Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (the Competition and Markets Authority)—

(a) in paragraph 35(3) the reference in the definition of a “newspaper merger reference” to section 45 of the Enterprise Act 2002 shall have effect as if it included a reference to article 5 of the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003;

(b) the reference in paragraph 47(1) to section 64(1) of the Enterprise Act 2002 shall have effect as if it included a reference to article 7(1) of the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003;

(c) the reference in paragraph 47(2) to section 62A of the Enterprise Act 2002 shall have effect as if it included a reference to article 5A of the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003;

(d) the reference in paragraph 51(6)(b) to section 62 of the Enterprise Act 2002 shall have effect as if it included a reference to article 5 of the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003;

(e) in paragraph 53(9) the reference in the definition of “merger investigation” to section 62 of the Enterprise Act 2002 shall have effect as if it included a reference to article 5 of the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003;

(f) paragraph 56(1) shall have effect as if it also provided that paragraph 56(4) also applies for the purposes of the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003; and

(g) in paragraph 56(4)—

(i) a reference to section 63 of the Enterprise Act 2002 shall have effect as if it included a reference to article 6 of the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003; and

(ii) a reference to a special merger situation shall have effect as if it included a reference to a European relevant merger situation.

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