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OFT statement on jurisdiction in relation to British Sky Broadcasting Group plc acquisition of a shareholding in ITV plc

5/07    12 January 2007

Further to the statement issued by the OFT on 8 December 2006 the OFT has reviewed the information currently available to it and has reached a provisional view on the issue of jurisdiction. The OFT believes that it may be the case that a relevant merger situation has been created since Sky and ITV may have come under common control for the purposes of the Enterprise Act 2002 (the Act) as a result of Sky acquiring material influence over ITV, and that the turnover test is satisfied.

The OFT is therefore issuing a formal invitation to comment (ITC) with respect to the transaction. The ITC invites interested third parties to submit any further views they have on jurisdiction and whether the merger situation identified above may be expected to result in a substantial lessening of competition within any market or markets in the United Kingdom for goods or services that warrants reference to the Competition Commission.  The closing date for comments is 25 January 2007.

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