January 27, 2020

The PIIN states that the Secretary of State has reasonable grounds for suspecting that, as a result of the acquisition by Daily Mail and General Trust plc of JPI Media Publications Ltd, it is or may be the case that a relevant merger situation has been created as defined in s 23 of the Enterprise Act 2002 in that: (i) two or more enterprises have ceased to be distinct; and (ii) the share of supply test has been met.

The Secretary of State has grounds for suspecting that the share of supply test has been met because she believes that as a result of the enterprises ceasing to be distinct enterprises, in relation to the supply of goods of any description, at least one quarter of all the goods of that description which are supplied in the UK, or in a substantial part of the UK: (i) are supplied by one and the same person or are supplied to one and the same person; or (ii) are supplied by the persons by whom the enterprises concerned are carried on, or are supplied to those persons.

The Secretary of State believes that it is or may be the case that the public interest consideration, specified in s 58(2B) of the 2002 Act, of the need for a sufficient plurality of views in newspapers in each market in the UK, is relevant to a consideration of this merger situation. Accordingly, the Secretary of State has exercised her powers under s 42(2) of the 2002 Act by giving an intervention notice.

The Competition and Markets Authority and Ofcom are each now required to investigate and report by midnight on Friday 13 March 2020. To access the PIIN, click here.