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78/07 24 May 2007
The OFT welcomes the Secretary of State's announcement today of his decision to refer the completed acquisition by British Sky Broadcasting Group plc (BSkyB) of a 17.9 per cent stake in ITV plc (ITV) to the Competition Commission.
The OFT submitted its report to the Secretary of State on 27 April 2007, (see press release 68/07) which concluded that the test for a merger reference to the Competition Commission had been met on competition grounds.
See overview of the OFT's report to the Secretary of State.
Download the full report (pdf 396 kb).
NOTES
1. On 26 February 2007 the Secretary of State intervened in the case by issuing a Public Interest Intervention Notice requiring the OFT to investigate and report on whether it believes that it is or may be the case that a relevant merger situation has been created and, if so, whether the creation of that situation has resulted, or may be expected to result, in a substantial lessening of competition within any market or markets in the United Kingdom for goods or services. The Secretary of State also required Ofcom to report separately on the effect of the media public interest consideration mentioned in the Notice. The Secretary of State requested the OFT and Ofcom to report to him by 27 April 2007.
2. The OFT's report to the Secretary of State on jurisdictional and competition issues is binding and therefore any anti-competitive outcome identified by the OFT shall be treated as being adverse to the public interest unless it is justified by one or more than one relevant public interest consideration. A reference to the Competition Commission may be made by the Secretary of State if he believes that it is or may be the case that (i) a relevant merger situation has been created; (ii) the creation of that situation has resulted, or may be expected to result in a substantial lessening of competition within any market or markets in the United Kingdom for goods or services; and (iii) combined with one or more than one relevant public interest consideration operates or may be expected to operate against the public interest; or (iv) although the creation of that situation has not resulted, and may be expected not to result in a substantial lessening of competition, one or more than one relevant public interest consideration operates or may be expected to operate against the public interest.
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Frank Shepherd
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