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