§ Dr. CableTo ask the Secretary of State for Trade and Industry what are the exceptional public interest criteria that he applies when he overrides advice of the Office of Fair Trading in cases of reference to the Competition Commission. [98553]
§ Mr. ByersI consider each merger case on its own merits. I refer a case to the Competition Commission when I consider that there are sufficient competition or other public interest concerns to warrant such a reference. In those few cases where I have come to a different conclusion than that recommended by the Director General of Fair Trading, I have given reasons in the Press Notice announcing my decisions.
§ Dr. CableTo ask the Secretary of State for Trade and Industry in how many cases since 1 May 1997 he has(a) accepted and (b) not accepted the ruling of the Office 103W of Fair Trading; and if he will list the cases, indicating whether the ruling of the Office of Fair Trading was accepted or rejected. [98552]
§ Mr. ByersThe Office of Fair Trading does not make rulings on merger cases but provides advice.
Since May 1997, I and my predecessors have received advice from the Director General of Fair Trading as to whether to refer mergers to the Competition Commission (or the Monopolies and Mergers Commission) in relation to 496 cases, and we have acted in accordance with that advice in 489 of them. It is the function of the Director General of Fair Trading to give Ministers advice. The decision as to whether to refer is for Ministers.
I am placing in the Library of the House a list of all merger clearances and references that have been made in the last three years. For cases since 1 May 1997, I have 104W indicated whether or not I (or my predecessors) acted in accordance with the advice of the Director General of Fair Trading.