For announcement of referral see DTI Press Notice P/2001/545
Hilton Group/British Sky Broadcasting Group plc - Proposed joint venture
Terms of Reference
Whereas it appears to the Secretary of State that it is or may be the
fact that arrangements are in progress or in contemplation which, if carried
into effect, will result in the creation of a merger situation qualifying
for investigation, as defined in section 64(8) of the Fair Trading Act
1973 ("the Act"), in that:
- enterprises carried on by or under the control of Hilton Group
plc (one at least of which is carried on in the United Kingdom) will
cease to be distinct from enterprises carried on by or under the control
of British Sky Broadcasting Group plc; and
- as a result, the condition specified in section 64(3) of the
Act will prevail, or will do so to a greater extent, with respect
to the supply of interactive betting services through digital television
within the United Kingdom.
Now, therefore, the Secretary of State, in exercise of her powers under
sections 64, 69(2) and 75 of the Act, hereby refers to the Competition
Commission ("the Commission"), for investigation and report
within a period ending on 11 February 2002, the following questions:
- whether arrangements are in progress, or in contemplation as
described in paragraph (a) above, which, if carried into effect, will
result in the creation of a merger situation qualifying for investigation;
- if events so require, whether the actual results of those arrangements
are the creation of such a situation; and
- if so, in either case, whether the creation of that situation
may be expected to operate or (if events so require) operates against
the public interest.
In relation to the questions in paragraphs (i) and (ii) above, the Commission
shall exclude from consideration one of paragraphs (a) and (b) of section
64(1) of the Act if they find the other satisfied.
10 October 2001
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