ITV variation of undertakings

The CMA reviewed paragraph 2 of the undertakings given by Carlton and Granada following a CC report on the proposed merger of these 2 businesses to form ITV plc.

Administrative timetable

Date Action
November/December 2014 Publish final decision and, if appropriate, a notice of release from the undertakings(s) or acceptance of undertaking(s) to vary the undertaking(s) (*)
October/November 2014 Consideration of responses to provisional decision and notice
October 2014 Publish provisional decision on change of circumstances and, if appropriate, a Notice of intention to release the undertaking(s) or notice to accept undertaking(s) to vary the undertaking(s)
September 2014 Publication of CMA decision to undertake a review
February to March 2014 OFT invitation to comment
February 2014 ITV request for review

(*) Published as required by the guidance on the CMA’s approach to the variation and termination of merger, monopoly and market undertakings and orders (CMA 11). Any revisions made to the timetable will be published on this website. There is no statutory timetable for this type of case.

Affected sector: Television

Phase 2

Notice of decision to release certain undertakings

27 November 2014: The CMA has published a notice of decision to release certain undertakings given by Carlton Communications Plc and Granada plc. The notice also contains its final decision on change of circumstances.

Notice of intention to release certain undertakings

21 October 2014: The CMA has published a notice of intention to release certain undertakings given by Carlton Communications Plc and Granada plc to the Secretary of State for Trade and Industry pursuant to section 88(2) of the Fair Trading Act 1973. The notice contains its provisional decision on change of circumstances.

Publication of decision to undertake a review

23 September 2014: Having taken into account the submissions of ITV plc (ITV), Ofcom and other interested parties, the Competition and Markets Authority (the CMA) has decided to conduct a review of paragraphs 2(c) and 2(f) of the undertakings (the undertakings) given to the Secretary of State for Trade and Industry in 2003 under section 88 of the Fair Trading Act 1973 by Carlton and Granada following a report by the Competition Commission (CC) on the proposed merger of those 2 businesses to form ITV plc (ITV). This review will consider whether there has been any change of circumstances such that those 2 provisions should be superseded, varied or released. A group of CMA panel members has been constituted for this purpose under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.

Invitation to comment: Now closed

Inquiry group members appointed

8 August 2014: John Wotton (Chairman), Rosalind Hedley-Miller and Katherine Holmes.

Phase 1

Variation of undertakings request

12 February 2014: ITV plc, supported by STV and UTV, has requested that 2 paragraphs of the undertakings, accepted by the Secretary of State in 2003, be reviewed under section 88(2) Fair Trading Act 1973, as amended by Schedule 24 paragraph16 (1) - (6) of the Enterprise Act 2002. Further details of undertakings.

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