DMG Media Limited / JPIMedia Publications Limited merger inquiry

The CMA investigated the completed acquisition by DMG Media Limited of JPIMedia Publications Limited.

From:
Competition and Markets Authority
Published
6 December 2019
Last updated
17 April 2020 — See all updates
Case type:
Mergers
Case state:
Closed
Market sector:
Communications
Outcome:
Mergers - phase 1 clearance
Opened:
6 December 2019
Closed:
17 April 2020

Statutory timetable

Phase 1 date Action
17 April 2020 CMA decision published
27 March 2020 CMA decision announced
26 March 2020 Merger inquiry upon remittal
25 March 2020 Secretary of State decision published
13 March 2020 CMA report delivered to Secretary of State for Digital, Culture, Media and Sport (*)
22 January 2020 to 5 February 2020 Invitation to comment CMA – competition assessment and Ofcom – public interest assessment
21 January 2020 Secretary of State for Digital, Culture, Media and Sport issued a public interest intervention notice
5 December 2019 Initial enforcement order

(*) Following the public interest intervention notice issued by the Secretary of State for Digital, Culture, Media and Sport, the CMA has been directed to provide its report to the Secretary of State by 13 March 2020.

Phase 1

CMA clearance decision

27 March 2020: As a result of the PIIN issued by the Secretary of State for Digital, Culture, Media and Sport on 21 January 2020, the CMA issued an invitation to comment on 22 January 2020 and investigated this merger. The CMA has cleared the completed acquisition by DMG Media Limited of JPIMedia Publications Limited.

Merger inquiry for purposes of remittal

26 March 2020: Following remittal of the merger back to the CMA under section 56(1) of the Enterprise Act 2002 (the Act), the CMA announced its merger inquiry by notice to the parties.

Secretary of State announcement

25 March 2020: The Secretary of State has announced the decision not to refer the Merger to a Phase 2 investigation on the ground that no media public interest consideration cited in the PIIN is relevant to a consideration of the Merger. As part of this decision, the CMA’s report has been published.

CMA reports to the Secretary of State

13 March 2020: The CMA delivered its report on jurisdictional and competition matters to the Secretary of State.

Secretary of State for Digital, Culture, Media and Sport Public Interest Intervention Notice

21 January 2020: The Secretary of State for Digital, Culture, Media and Sport (the Secretary of State) issued a Public Interest Intervention Notice (PIIN) on the public interest ground of sufficient plurality of views in newspapers in accordance with section 42(2) of the Enterprise Act 2002 (the Act) in relation to the completed acquisition by DMG Media Limited of JPIMedia Publications Limited (the Transaction).

On 9 January 2020, the Secretary of State wrote to Daily Mail and General Trust plc (DMGT), owner of DMG Media Limited and JPIMedia Publications Limited, to inform them that the Secretary of State was minded to issue a PIIN on the basis that they had concerns that there may be public interest considerations - as set out in the Act.

Having considered the representations provided in response to her “minded to” letter, the Secretary of State announced on 21 January 2020 her decision to issue a PIIN under section 58(2B) of the Act: the need for a sufficient plurality of views in newspapers.

This PIIN triggers the requirement for the CMA to report to the Secretary of State on jurisdictional and competition matters, and for the Office of Communications (Ofcom) to report on the media public interest considerations specified in section 58(2B) of the Enterprise Act 2002: the need for, to the extent that it is reasonable and practicable, a sufficient plurality of views in newspapers in each market for newspapers in the United Kingdom or part of the United Kingdom.

Both the CMA and Ofcom are to report back to the Secretary of State by 13 March 2020.

Secretary of State for Digital, Culture and Sport – Minded to Notice

On 9 January 2020, the Secretary of State announced she was minded to issue a PIIN regarding the completed acquisition by DMGT, owner of DMG Media Limited, of JPIMedia Publications Limited.

Collection page: Daily Mail and General Trust plc (DMGT) acquisition of JPIMedia Publications Limited

CMA’s invitation to comment: closes on 5 February 2020

22 January 2020: The CMA is considering whether it is or may be the case that this Transaction has resulted in the creation of a relevant merger situation under the merger provisions of the Enterprise Act 2002 and, if so, whether the creation of that situation has resulted in a substantial lessening of competition within any market or markets in the United Kingdom for goods or services.

The first stage of this investigation requires the CMA to issue an Invitation to Comment (ITC) on the Transaction and interested parties are asked to provide their comments on the Transaction by 5 February 2020.

Ofcom’s invitation to comment: closes on 5 February 2020

22 January 2020: Ofcom is investigating whether the acquisition by DMG Media Limited of JPIMedia Publications Limited could raise public interest concerns in relation the need for, to the extent that it is reasonable and practicable, a sufficient plurality of views in newspapers in each market for newspapers in the United Kingdom or a part of the United Kingdom.

Further information can be found on the Ofcom website, including their guidance note (PDF, 168KB) and their invitation to comment (PDF, 154KB).

Initial enforcement order

On 5 December 2019, the CMA served an initial enforcement order under section 72(2) of the Enterprise Act 2002 on Daily Mail and General Trust Plc and DMG Media Limited in relation to the completed acquisition of JPIMedia Publications Limited by DMG Media Limited.

Amendments/consents granted

Contact

Please send written representations to:

Competition:

Merger Support Team

Competition and Markets Authority
The Cabot
25 Cabot Square
London
E14 4QZ

[email protected]

Public interest:

Public Interest Test Team 2020
Ofcom
Riverside House
2A Southwark Bridge Road
London
SE1 9HA

[email protected]

Updates to this page

Published 6 December 2019
Last updated 17 April 2020 + show all updates

  1. Full text decision published.

  2. Clearance decision announced.

  3. Commencement of initial period notice published.

  4. Secretary of State decision announced.

  5. The CMA has delivered its report on jurisdictional and competition matters to the Secretary of State.

  6. Report delivered to the Secretary of State.

  7. Public interest intervention notice issued by the Secretary of State for Digital, Culture, Media and Sport.

  8. Derogation published.

  9. Full text of Initial enforcement order and derogations published.

  10. First published.

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