Enterprise Act 2002

Section 70A

[F1 Schedule 6A U.K. Determination of when a foreign state newspaper merger situation has been created

Textual Amendments

F1 Sch. 6A inserted (24.5.2024) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(a), Sch. 7 para. 3 (with s. 130(2)(3))

Application of sections 23 to 29 U.K.

1 (1) Sections 23 to 29 apply for the purposes of Chapter 3A of Part 1, subject to the following modifications.

(2) Section 23 is to be read as if—

(a) in subsection (1), for the amount in paragraph (b), there were substituted “£2 million”;

(b) in subsection (9), for paragraphs (a) and (b), there were substituted—

“(a) in relation to the giving of a foreign state intervention notice, the time when the notice is given;

(b) in relation to the giving of a report by the CMA under section 70B, the time of the giving of the report.”

(3) Section 24 is to be read as if—

(a) for subsection (1)(a) there were substituted—

“(a) the two or more enterprises ceased to be distinct enterprises before the day on which—

(i) in a case to which section 23(9)(a) applies, the foreign state intervention notice relating to them is given, or

(ii) in a case to which section 23(9)(b) applies, the CMA gives its report relating to them under section 70B,

and did so not more than four months before that day; or”;

(b) in subsection (1)(b), after “distinct enterprises” there were inserted “, including facts about whether or the extent to which a foreign power is able to control or influence the policy of a person carrying on a newspaper enterprise as a result of the enterprises ceasing to be distinct enterprises,”;

(c) the reference to the CMA in subsection (2)(a) included a reference to the Secretary of State;

(d) for subsection (2)(b) there were substituted—

“(b) it is given to the Secretary of State or the CMA more than four months before the day on which—

(i) in a case to which section 23(9)(a) applies, the foreign state intervention notice relating to them is given, or

(ii) in a case to which section 23(9)(b) applies, the CMA gives its report relating to them under section 70B; or

(c) the facts are made public more than four months before the day on which—

(i) in a case to which section 23(9)(a) applies, the foreign state intervention notice relating to them is given, or

(ii) in a case to which section 23(9)(b) applies, the CMA gives its report relating to them under section 70B.”.

(4) Section 25 is to be read as if—

(a) subsections (4) and (5) were omitted;

(b) the powers to extend time-limits under section 25 were not exercisable by the CMA before the giving of a foreign state intervention notice by the Secretary of State.

(5) Section 26 is to be read as if—

(a) in subsection (3)—

(i) “materially” were omitted;

(ii) for “may, for the purposes of subsections (1) and (2), be treated” there were substituted “is to be treated, for the purposes of subsections (1) and (2),”;

(b) for subsection (4) there were substituted—

“(4) For the purposes of subsection (1), in so far as it relates to bringing two or more enterprises under common control, where a foreign power is already able to control or influence the policy of a person carrying on a newspaper enterprise to some extent, the foreign power is to be treated as bringing the newspaper enterprise under its control if anything is done which results in the foreign power being able to control or influence the policy of that person to a greater extent (whether by virtue of acquiring more shares or voting rights in the person, directly or indirectly, or otherwise).”

(6) Section 27 is to be read as if—

(a) references to the “decision-making authority” were to “the CMA or the Secretary of State”;

(b) in subsection (5), for “a reference” there were substituted “deciding whether or when a foreign state newspaper merger situation has been created”.

(7) Section 28 is to be read as if, in subsection (4), the reference to the “decision-making authority” were to “the CMA or the Secretary of State”.

(8) Section 29 is to be read as if—

(a) in subsection (1)—

(i) the reference to the “decision-making authority” were to “the CMA or the Secretary of State”;

(ii) for “a reference” there were substituted “deciding whether or when a foreign state newspaper merger situation has been created”;

(b) in subsection (2)(a)(i) “materially” were omitted;

(c) in subsection (2)(a)(ii), for “degree” there were substituted “extent”;

(d) subsection (2)(b) and (3) were omitted.

Application of the Enterprise Act 2002 (Anticipated Mergers) Order 2003 (S.I. 2003/1595) U.K.

2 (1) The Enterprise Act 2002 (Anticipated Mergers) Order 2003 applies for the purposes of Chapter 3A of Part 1, subject to the following modifications.

(2) In Article 3, the words before paragraph (a) are to be read as if, for “in relation to references and notices”, there were substituted “for the purposes of Chapter 3A of Part 1 of the Act”.

(3) Article 3(a) is to be read as if—

(a) in the substituted version of section 27(5), for “a reference” there were substituted “deciding whether or when a foreign state news paper merger situation will be created”;

(b) the substituted version of section 27(6)(a)(i), for “the reference” there were substituted “the foreign state intervention notice relating to the situation”.

(4) Article 3(b) is to be read as if—

(a) in the substituted section 29(2)(a)(i), “materially” were omitted;

(b) in the substituted section 29(2)(a)(ii), for “degree” there were substituted “extent”;

(c) in the substituted section 29(4), for “the reference” there were substituted “the foreign state intervention notice”.]