The OFT has taken a decision over whether acquisition of a significant minority stake in JJB Sports by Sports Direct would constitute a "relevant merger" for the purposes of investigation under the Enterprise Act 2002. The background is that Sports Direct International plc (Sports Direct) acquired approximately 12 million shares (or 4.76% of the voting rights) in JJB Sports plc (JJB) in October 2008. Sports Direct already held long-only contracts for difference in respect of approximately 43 million shares in JJB (or 17.11% of the voting rights). The Office of Fair Trading (OFT) examined whether the acquisition would enable Sports Direct to "materially influence" the policy of JJB. In doing so, the OFT decided that it would not take account of the contracts for difference and concluded that the acquisition did not give Sports Direct the ability to materially influence JJB's policy. As a result, the deal did constitute a "relevant merger" and the OFT did not have jurisdiction to review it. It is interesting to compare this case with British Sky Broadcasting Groups plc's (BSkyB) acquisition of a 17.9% stake in ITV, which was considered to constitute "material influence".