385. Referral advice and decision.

If an intervention notice is served1, it is then for the Secretary of State to decide whether to refer the given case to the Competition and Markets Authority ('CMA')2. The Secretary of State receives advice from and is bound by the view of the CMA on relevant competition and jurisdictional issues3. Should the CMA have identified a likely substantial lessening of competition, the Secretary of State must refer the case, unless he considers this detriment to be outweighed by the wider public interest considerations4. Contrary to the position regarding other public interest considerations5, Ofcom6 rather than the CMA provides