ABSTRACT
There are specific provisions under UK legislation in relation to media mergers which will not be considered in detail in this book. The Fair Trading Act 1973 contained a distinctive set of provisions for newspaper mergers, which ensured that mergers qualifying as ‘newspaper mergers’ could only be effected with the approval of the Secretary of State, normally after the case was referred to and considered by the CC. In the past the Commission has, for instance, been asked to take into account, in its public interest assessment, the need for accurate presentation of news and the free expression of opinion.144 Chapter 2 of the Communications Act 2003 repealed the 1973 Act newspaper merger regime and adapted the main merger regime introduced in the 2002 Act to apply to media mergers generally, including newspaper mergers. The provisions in ss 375-88 of the 2003 Act include media mergers within the special public interest category in which the Secretary of State still has a key role, and these provisions place emphasis on the need for a plurality of media within the UK. It should also be noted that, for reasons of space, the particular problems involved in the regulation of utilities will not be dealt with in any detail in this book. In relation to mergers involving water and sewerage undertakings the Water Industry Act 1991145
contains merger control provisions which are generally similar to those under the 1973 Act and involve the same institutions. In other regulated industries, for example, the electricity industry, there are no special provisions and any mergers are subject directly to the controls under the Enterprise Act, although the OFT must consult with the relevant regulator.
