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<p>The pre-2003 newspaper merger regime, set out in the Fair Trading Act 1973 (FTA
1973), including the criminal offence in section 62 of the FTA 1973 for breaches of
conditions, was repealed in 2003. The regime was replaced by the regime set out in
the Enterprise Act 2002 which allows the Secretary of State to intervene in certain
newspaper and media merger cases that raise public interest concerns.</p><p> </p><p>The
Communications Act 2003 gives the Secretary of State powers to vary conditions by
accepting new undertakings in place of the previous conditions. Where new undertakings
are accepted, they are subject to the monitoring and enforcement provisions under
the 2002 Enterprise Act in place of penalties under the FTA 1973. This enables the
Secretary of State to make enforcement orders if they consider an undertaking has
not been fulfilled, or will not be fulfilled.</p><p> </p><p>If an enforcement order
is not complied with the Secretary of State or the Competition and Markets Authority
can bring proceedings for an injunction. If a party did not comply with an injunction
this would amount to contempt of court, which can be punished by a fine or imprisonment.</p><p>
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