L91 Accepted

Media Merger Referral Consultation

Leveson Inquiry · An Inquiry into the Culture, Practices and Ethics of the Press · Issued 29 November 2012 · Addressed to: UK Government

Source — verbatim from the inquiry

Inquiry recommendation

Before making a decision to refer a media merger to the competition authorities on public interest grounds, the Secretary of State should consult relevant parties as to the arguments for and against a referral, and should be required to make public his reasons for reaching a decision one way or the other.

Leveson Inquiry, An Inquiry into the Culture, Practices and Ethics of the Press · 29 Nov 2012 Source PDF →

Published evidence summary

Publicly available evidence relating to this recommendation:

- The Enterprise Act 2002, sections 42-58, require the Secretary of State to issue an intervention notice when referring a media merger on public interest grounds. The Secretary of State must consult Ofcom (under section 44A, inserted by the Enterprise and Regulatory Reform Act 2013) and must publish reasons for the decision (Enterprise Act 2002, legislation.gov.uk).
- Ofcom has a statutory role in advising the Secretary of State on media public interest considerations in merger cases, including plurality (Enterprise Act 2002, Section 44A).
- The merger regime was applied in practice during the 21st Century Fox/Sky merger proposal (2017-2018), where the Secretary of State consulted Ofcom and the CMA, and published detailed reasons for the referral decision (DCMS, Fox/Sky merger, 2017-2018).

Response — verbatim from government

UK Government

The government accepted recommendations on media plurality. Ofcom developed a measurement framework for media plurality in 2015, publishes regular Media Nations reports, and has a full menu of remedies available for plurality concerns. The Enterprise Act 2002 and Communications Act 2003 provide the legislative basis for intervention on media mergers. Source: https://www.gov.uk/government/speeches/david-cameron-statement-in-response-to-the-leveson-inquiry-report

UK Government · 29 Nov 2012 Written response →

Evidence trail — what's actually happened since

  • 27 Feb 2025 · Government The media merger public interest intervention process requires the Secretary of State to consult and publish reasons for decisions. This was demonstrated in the 2017-2018 Fox/Sky merger and more recently in merger considerations. View source → Confirmed Completed

Each entry above links to a primary source — gov.uk written statement, consultation response document, or inspection report. The Index does not characterise government intent; it tracks what has been published.

How this page is built

Source and Response are verbatim from primary documents. The Evidence trail records published activity since — written statements, consultation outcomes, inspection findings, parliamentary references. The Index does not paraphrase or characterise intent; it tracks what has been published. Where the evidence is the absence of action (a missed deadline, a slipped timetable), that absence is documented from primary sources rather than inferred.

This recommendation's data is verified periodically against primary sources. The Index is monitored for staleness weekly.