Clause 46 - delivery of copies of notification etc.
Communications Bill
12:00 pm
Mr John Whittingdale (Maldon and East Chelmsford, Conservative)
I am delighted that the Minister is in such a good mood to listen to our arguments, and I wonder whether I can tempt him again.
The amendment relates to notification to the European Commission if Ofcom decides that a determination of significant market power will affect trade between member states, and gives the Commission the opportunity to exercise a veto.
The provisions of the directive make it plain that the test for whether there will be such an effect on trade between member states is an objective test, and not a subjective opinion of the regulator. The purpose of our amendment is to bring the wording of the Bill into line with the requirement of the directive.
It is slightly unusual for me to stick up for the European Commission, but there is always a first time. Ofcom must not be able to avoid its Community obligations to notify SMP determinations to the Commission, and thus to avoid scrutiny and a possible Commission veto, by saying that in its opinion there is no effect on trade between member states.
This is another case in which we seem to be implementing an EU directive differently, and potentially to the disadvantage of UK competitiveness. Inconsistencies such as this could confuse UK companies and companies thinking of coming into the UK. We tabled the amendment to ensure that the Bill was consistent with the terms of the directive.