Commentary on Sections Part 5: Competition in Communications Markets Chapter 2: Media mergers Section 386: Monitoring role for OFT in relation to media mergers
843.This section inserts a new section 119B EA 2002, which gives the OFT the function of obtaining and reviewing information that may be relevant to the Secretary of State’s decision on whether or not to intervene on the basis of the media public interest considerations set out in section 58(2A), (2B) or (2C) EA 2002. In particular, the OFT in carrying out this function will ensure that the Secretary of State is made aware of cases where (in the OFT’s opinion) she may wish to consider issuing a special intervention notice. The OFT will not be under any obligation to carry out a detailed analysis of any media public interest consideration that may be relevant.
844.This section only applies to such cases where they may fall within the special public interest consideration regime in relation to a media public interest consideration. The OFT’s duties in relation to public interest cases falling within the standard regime are already fully set out in the EA 2002 (see section 5 and Chapter 2 of Part 3 EA 2002).