Collection

Proposed merger between Twenty-First Century Fox, Inc. and Sky plc

Documents, publications and updates relating to the proposed merger between Twenty-First Century Fox, Inc. and Sky plc

On 9 December 2016 Sky Plc announced that it had received an approach from 21st Century Fox to acquire the 61% share of Sky Plc which it does not already own.

On 16 March, the then Secretary of State, Karen Bradley, confirmed in a statement to Parliament, that she would be intervening in the proposed merger under the Enterprise Act 2002 so that issues raised under the two specified public interest grounds mentioned in her Intervention Notice - namely the effect of the merger on media plurality and on the parties’ commitment to broadcasting standards could be fully considered. Her Intervention Notice required Ofcom, the communications regulator, to submit a Phase 1 report on the public interest considerations raised by the Secretary of State. Ofcom’s Phase 1 report was received on 20 June 2017 and published by DCMS on 29 June.

The Secretary of State carefully considered the Phase 1 report from Ofcom and representations from the parties to the merger and third parties. She also considered a separate Phase 1 report by the Competition and Markets’ Authority (CMA) on jurisdictional issues. Following this, the Secretary of State confirmed in statement to Parliament on 29 June that she was minded-to refer the merger for a further more detailed Phase 2 investigation by the CMA on media plurality grounds. After consideration of representations received and having considered further advice that she had requested from Ofcom, the Secretary of State announced on 12 September that she was now also minded to refer the bid to the CMA on commitment to broadcasting standards grounds.

On 14 September the then Secretary of State, Karen Bradley, confirmed that, following confirmation from the parties that they would not be making substantive representations in response to the minded-to decision on broadcasting standards, she had reached a final decision to refer on both grounds and issued her formal referral to the CMA for the Phase 2 investigation on 20 September.

From the point of referral, the CMA initially had 24 weeks to investigate the merger and provide advice to Secretary of State, Matthew Hancock. On 23 January, alongside publishing its provisional findings report, the CMA confirmed it would be extending the deadline for the report by eight weeks to 1 May.

The Secretary of State received the CMA’s report on 1 May, allowing him 30 working days - until 13 June - to come to a final decision on whether or not the merger operates, or may be expected to operate, against the public interest.

On 5 June, the Secretary of State published the CMA’s Phase 2 report, announcing that he accepted the CMA’s recommendations on the public interest grounds and outlining the process for consideration of potential remedies.

Documents

  1. Sky Fox Merger - Proposed Undertakings - by 21st Century Fox, Inc and the Walt Disney Company

    • Open consultation
  2. Statement on the proposed merger between Sky plc / 21st Century Fox Inc

    • Press release
  3. Public Interest Intervention Notice

    • Notice
  4. CMA Phase 2 Report

    • Corporate report
  5. Update: Media Mergers

    • Oral statement to Parliament
  6. Update on process - Fox-Sky merger

    • Press release
  7. Sky/Fox Merger - CMA Provisional Findings

    • Oral statement to Parliament
  8. Update on the Culture Secretary's consideration of the proposed merger between 21st Century Fox Inc. and Sky Plc.

    • News story
  9. Final decision to refer letter to the parties

    • Correspondence
  10. 21st Century Fox / Sky plc Terms of Reference

    • Guidance
  11. Letter from DCMS to CMA - 20 September

    • Correspondence
  12. Statement from the Culture Secretary on proposed Sky plc / 21st Century Fox Inc. merger

    • Press release
  13. Letter from DCMS to 21st Century Fox & Sky PLC - 12 September

    • Correspondence
  14. Ofcom letter to DCMS - 4 September

    • Correspondence
  15. DCMS letter to Ofcom - 31 August

    • Correspondence
  16. Ofcom letter to DCMS - 25 August

    • Correspondence
  17. DCMS letter to Ofcom - 7 August

    • Correspondence
  18. Referral Decision - Substantive Representations

    • Research and analysis
  19. Statement from the Culture Secretary on the proposed Sky plc / 21st Century Fox Inc. merger

    • Press release
  20. Update on the Culture Secretary's consideration of the proposed merger between 21st Century Fox Inc. and Sky Plc.

    • News story
  21. Update on the Secretary of State’s consideration of the proposed merger between 21st Century Fox Inc. and Sky Plc.

    • News story
  22. Process update on the Secretary of State’s consideration of the proposed merger between 21st Century Fox Inc. and Sky Plc.

    • News story
  23. Pre-recess update on proposed Sky/Fox takeover

    • Oral statement to Parliament
  24. Letter to Sky/Fox merger parties

    • Correspondence
  25. Undertakings in Lieu given by 21st Century Fox, Inc.

    • Correspondence
  26. Invitation for representations relating to the proposed merger between 21st Century Fox, Inc. and Sky plc

    • Closed consultation
  27. CMA report on the Sky/Fox merger

    • Guidance
  28. Public interest test for the proposed acquisition of Sky plc by 21st Century Fox, Inc

    • Research and analysis
  29. Sky/Fox Merger

    • Oral statement to Parliament
  30. Statement on the proposed Sky plc / 21st Century Fox Inc. merger

    • Press release
  31. Statement on the proposed Sky plc / 21st Century Fox Inc. merger

    • Press release
  32. Sky/Fox merger - substantive representations

    • Impact assessment
  33. Sky / Fox Merger

    • Written statement to Parliament
  34. DCMS Letter to Sky Fox - Formal Extension Notification

    • Correspondence
  35. DCMS letter to Ofcom - Formal Extension Notification

    • Correspondence
  36. DCMS letter to CMA - Formal Extension Notification

    • Correspondence
  37. Statement on the Sky / Fox merger media public interest consideration process

    • News story
  38. Annotated European Intervention Notice

    • Notice
  39. DCMS Letter to Sky Fox EIN

    • Correspondence
  40. DCMS Letter to CMA EIN

    • Correspondence
  41. DCMS Letter to Ofcom EIN

    • Correspondence
  42. Statement from Culture Secretary: Sky/21st Century Fox merger

    • News story
  43. European Intervention Notice

    • Notice
  44. Ofcom Sky 21CF breaches

    • Notice
  45. Statement in response to the formal notification of the proposed merger between Sky and 21st Century Fox

    • Press release
  46. 'Minded to issue an EIN' letter

    • Correspondence
  47. Sky: 21st Century Fox Takeover Bid - answer to urgent question 20 Dec 2016

    • Oral statement to Parliament
  48. Sky: 21st Century Fox Takeover Bid - answer to urgent question 12 Dec 2016

    • Oral statement to Parliament
  49. Enterprise Act 2002: Public interest intervention in media mergers

    • Guidance
Published 3 March 2017