Commentary on Sections Part 5: Competition in Communications Markets Chapter 2: Media mergers Section 381: Public consultation in relation to media mergers
829.This section introduces a new section 104A EA 2002, which applies only to references to the Competition Commission that specify a media public interest consideration. In conducting its inquiry into such cases the Competition Commission is specifically required, so far as it is practicable, to have regard to the need to consult the sections of the public that may be affected by the merger. The duty can be discharged by consulting such representative sample of the public as the Commission considers to be appropriate for this purpose. This duty applies in addition to the Commission’s normal duties of investigation in relation to merger references in public interest cases (see sections 50(3) and 65(4) EA 2002).