asked the Secretary of State for Trade if he will set out in the Official Report the criteria he now requires to be satisfied before he makes a reference to the Monopolies Commission.
My right hon. Friend has powers—apart from the independent powers of the Director General—to refer a variety of matters to the Monopolies and Mergers Commission, including monopoly references, merger references and general references under the Fair Trading Act 1973 and questions under section 11 of the Competition Act 1980. There are no set criteria for the use of these powers, but in general he makes a reference only when a matter raises public interest issues requiring examination. The public interest may be affected in a variety of ways, but in considering references my right hon. Friend has in mind the considerations which the commission is required to take into account by section 84 of the Fair Trading Act, especially the desirability of promoting competition, of promoting the interests of consumers and of promoting industrial efficiency and innovation through competition. In deciding whether to make a merger reference he receives advice from the Director General of Fair Trading, and he has stated that his practice will be to follow that advice unless there are overriding considerations to the contrary.