Ofcom and CMA reports submitted to the Government on acquisition of Sky by 21st Century Fox

On 20 June 2017 Ofcom submitted a public interest report to the Government on the proposed acquisition of Sky by 21st Century Fox ("Fox"). The Competition and Markets Authority also submitted a related report on jurisdiction on the same date.

This follows the Secretary of State for Culture, Media and Sport issuing a European intervention notice ("EIN") on 16 March 2017, which asked Ofcom to report on public interest considerations in respect of plans by Fox to acquire the shares in Sky it does not already own. In particular, Ofcom was asked to consider whether there would be sufficient plurality of persons with control of the media enterprises; and whether the parties would have a genuine commitment to the attainment in relation to broadcasting of standards objectives. The EIN also required the CMA to report on jurisdiction.

The Secretary of State will now decide whether to refer the proposed deal to the Competition and Markets Authority for a "phase two" investigation.  The Secretary of State has also stated that she intends to announce whether or not she is minded to refer the merger, by the 29 June 2017. On the same date the Secretary of State is also expected to publish both Ofcom’s public interest report and the CMA's report.

Click here for the DCMS' press release

Click here for Ofcom's related press release