Explanatory note

These Regulations provide for fees to be payable in connection with the exercise by the Secretary of State, the Director General of Fair Trading and the Monopolies and Mergers Commission of their functions under Part V of the Fair Trading Act 1973 (“the Act”) relating to the supervision of actual and prospective mergers.

Regulation 2 provides that fees are to be payable in five cases: in respect of an application for the Secretary of State’s consent to the transfer of a newspaper or of newspaper assets; in respect of a prenotification of a merger under section 75A(1) of the Act; in respect of a decision to make a merger reference under section 29(1) of the Water Act 1989; in respect of a merger reference under section 64 or 75 of the Act; and in respect of the announcement by the Secretary of State of his decision not to make a merger reference.

Regulation 3 specifies certain cases in which fees are not payable in respect of applications for the Secretary of State’s consent to the transfer of a newspaper or of newspaper assets; merger references under section 64 or 75 of the Act and announcements of decisions by the Secretary of State not to make such references. Regulation 4 specifies the amount of the fee payable in each case. Provision is also made as to the persons by whom the fee is to be payable (Regulation 5) and to whom fees are payable (Regulation 6), and the time when fees are payable (Regulation 7). Provision is also made for the refund of fees payable in respect of merger prenotifications where the notice is rejected because the notified arrangements are or would result in a concentration with a Community dimension (within the meaning of Council Regulation (EEC) No. 4064/89) or where the notified arrangements would not, if carried into effect, result in a merger situation qualifying for investigation (Regulation 8).