Senior executives at Ofcom told The Times they do not expect Patricia Hewitt, the trade and industry secretary, to ask them to intervene in the £665m deal, one of the most expensive British newspaper takeovers.
The 2003 Communications Act introduced a public interest test to be carried out by Ofcom in addition to competition tests. The Telegraph takeover would have been the first media deal to be subject to the tests but Ofcom officials have said they are pleased not to be examining it because it is deemed to be a political minefield.
An Ofcom official told The Times: "We're relieved not to be examining the takeover of The Telegraph. The signals we're getting from the Government are pretty clear."
The public interest test is thought to be more subjective than decisions taken on competition grounds. It is designed to ensure a newspaper or broadcaster's new owners are good employers, believe in the fair and accurate presentation of news and will not interfere in editorial decisions.
It is thought that Stephen Carter, the chief executive of Ofcom, is opposed to an inquiry although the view is not echoed by all senior Ofcom officials.
The Barclay brothers are regarded as having a very hands-off management style, which suggests they would be likely to pass a public interest test should it arise. The Barclays must also satisfy the Office of Fair Trading on competition issues. Their ownership of The Scotsman and The Business is not thought to be a significant problem.
Once the Telegraph takeover is notified to the OFT, Hewitt would have 10 days to intervene.
In May, Ofcom said it would not have a statutory role in assessing mergers unless asked to do so by the Department of Trade and Industry and would use a panel of newspaper industry experts for advice.
During the consultation period, News International expressed concerns that Ofcom's role in mergers would increase red tape and its powers would extend beyond advising on mergers.
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