Skip to content
Welcome, thoughtbot's Giant Robots listeners!Start here
Enterprise Act 2002
AI-generated illustration
LegislationGB

Enterprise Act 2002

UK statute setting merger control and public interest intervention rules.

Enacted in 2002, the Enterprise Act provides a central part of the UK's merger-control framework, including ministerial powers to examine specified public interests.

Last refreshed: 22 October 2026 · Appears in 1 active topic

Timeline for Enterprise Act 2002

#13 15 Oct
View full timeline →

Background

The Enterprise Act 2002 is a UK statute covering competition, consumer enforcement and insolvency. Its merger provisions establish processes for examining transactions and responding to competition concerns. A separate public-interest route allows ministers to consider specified interests where the statutory conditions are met. The Act therefore provides both investigatory machinery and powers for decisions about mergers. [Official statute](https://www.legislation.GOV.UK/ukpga/2002/40/contents).

Section 42 provides for a ministerial intervention notice, while section 43 sets out what the notice must contain. Section 58 identifies relevant public-interest considerations. In media cases, this framework connects ministerial decisions with reports from the Competition and Markets Authority and Ofcom. The statute defines the legal process; the evidence and decisions in any particular transaction determine how those powers are used. [Government explanation of the powers](https://assets.publishing.service.GOV.UK/media/6ad0b8df0f7b53973e026726/261015_SoS_Minded_to_Intervene_Letter_to_Sky_re_Sky-ITV__Redacted.pdf).

Common Questions
Why does the Enterprise Act matter to the Sky and ITV deal?
It provides the powers ministers can use to examine the merger on media public interest grounds.Source: UK government
What does section 42 of the Enterprise Act provide?
It allows the Secretary of State to issue an intervention notice in qualifying public interest merger cases.Source: legislation.gov.uk
What did Nandy propose adding to the merger considerations?
Her letter proposed a consideration about the range of high-quality broadcasting and on-demand programmes, requiring parliamentary action.Source: UK government
Source Material

Written with AI from Lowdown's published reporting. Not individually reviewed by an editor. Updated 22 October 2026. Editorial standards.