OFT update on newspapers and magazines work

36/08 11 March 2008

The OFT is currently engaged in three distinct, yet closely linked, work strands regarding the newspaper and magazine sector:

the preparation of guidance to assist publishers and distributors in assessing for themselves whether their newspaper and magazine distribution agreements comply with competition law (the Opinion),
a review of the National Newspapers Code of Practice (the Code) in order to advise the Secretary of State for Business Enterprise and Regulatory Reform, and
the examination of a request by the National Federation of Retail Newsagents for the OFT to consider making a market investigation reference to the Competition Commission in relation to the supply of newspapers and magazines in the UK (the MIR).

The OFT has previously provided an indication of the proposed sequencing of the publication of documents across the three work strands (see press notice 37/07). In the interests of constructive and transparent engagement with stakeholders, following representations from some industry parties and discussions with the Department for Business Enterprise and Regulatory Reform, the OFT has amended its proposed sequencing. The OFT now proposes to publish at the same time:

the Opinion,
the advice on the Code to the Secretary of State, and
the OFT's provisional position, for consultation, on the MIR request.

This will give stakeholders an opportunity to make representations to the Secretary of State (in relation to the Code) and to the OFT (in relation to the MIR) with the benefit of access to all three documents. Following the Secretary of State's decision on the Code, and any representations made to the OFT on the MIR in the light of this, the OFT will publish its final decision on whether to make an MIR.

Over the last year, the OFT has engaged extensively with industry parties and other stakeholders exploring in further detail issues arising in each work strand and gathering further information. The ongoing cooperation of parties in meeting the OFT's requests has been appreciated. To progress its analysis further, the OFT requires some additional information on specific issues and has requested this information from certain industry parties. Subject to the timely receipt of this information, the OFT envisages publication of the Opinion, the advice to the Secretary of State on the Code and the provisional position on the request for an MIR around late summer of this year.

NOTES

1. See the OFT's press notices 37/07 and 94/06 for further information on the OFT's work regarding newspapers and magazines.

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