The Secretary of State's final decision on the impact of BSkyB's shareholding in ITV was published on 29 January 2008. This includes his decisions as to the remedies appropriate in this case to address the substantial lessening of competition to which he found the shareholding gave rise. The remedies include the requirement on BSkyB to make a partial divestment of its shares in ITV down to a level below 7.5 per cent. We aim to implement the remedies as soon as practicable. The process has, however, been delayed due to the appeal proceedings brought by BSkyB seeking to overturn the decisions. The Competition Appeal Tribunal's judgment upholding the Secretary of State's decisions was published on 29 September. BSkyB subsequently submitted an application for permission to appeal that judgment. That application was refused on 4 December. On 18 December, BSkyB submitted a further application for permission to appeal direct to the Court of Appeal.
The Secretary of State's assessment of the impact of BSkyB's shareholding in ITV was set out in the final decision document he published on 29 January 2008. This included the decisions that BSkyB's shareholding in ITV had resulted in a substantial lessening of competition in the market for all television but that it did not operate against the public interest as it relates to ensuring a sufficient plurality of persons with control of media enterprises. The decision document also sets out the remedies appropriate in this case, including the requirement on BSkyB to make a partial divestment of its shares in ITV down to a level below 7.5 per cent.
My noble Friend, the Secretary of State has had no communications from BSkyB or News International during the period or, to the best of my knowledge, from any other companies controlled by News Corporation. During the period, BERR officials have been in contact with BSkyB about the text of the statutory undertakings we are asking BSkyB to provide to remedy the anti-competitive effects of their shareholding in ITV in accordance with the Secretary of State's final decision on this matter dated 29 January 2008.