Part 2: Competition Chapter 2: Mergers New section 70C
New section 70C sets out the action which the Secretary of State must take on receipt of a report from the CMA setting out the CMA’s belief that a foreign state newspaper merger situation has been created, is in progress or is under contemplation.
	Subsection (2) confirms that, in such circumstances, the Secretary of State must make an order containing such provision which they consider reasonable and practicable, which may include anything permitted by Schedule 8 to the Enterprise Act (provision that can be included in enforcement orders), as well as such supplementary, consequential or incidental provision as they consider appropriate (subsection (3)), to prevent or reverse the merger. Subsection (4) confirms that such an order can be varied or revoked.
	Subsection (5) enables the provisions in paragraph 2 of Schedule 7 to the Enterprise Act 2002 relating to enforcement and the prevention of pre-emptive action to be applied to this new Chapter. This gives the Secretary of State the power to make an order which prevents action which might prejudice a foreign state intervention notice which is in force, or the CMA’s report on the case, or the ability for either the Secretary of State, or the CMA, to take any action relating to a notice or a report.