The English Court of Appeal confirms divestment remedies in a TV merger (BSkyB / ITV)

On 21 January 2010, the Court of Appeal dismissed an application by British Sky Broadcasting Group plc (Sky) to set aside the decision requiring it to divest part of its shareholding in ITV plc (ITV). The Court of Appeal upheld the conclusion that Sky's acquisition of a 17.9% shareholding in ITV amounted to a relevant merger situation that qualified for review. The Court of Appeal rejected Sky's argument that the Competition Appeal Tribunal should have performed a greater intensity of review than a normal judicial review. The Court of Appeal also rejected Sky's appeals regarding the Competition Commission's approach to assessing the merger in relation to: the standard of proof; the application of the relevant counterfactual; and the alternative remedies proposed by Sky. However, the

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  • DLA Piper (London)

Quotation

Ilan Sherr, The English Court of Appeal confirms divestment remedies in a TV merger (BSkyB / ITV), 21 January 2010, e-Competitions Bulletin January 2010, Art. N° 30786

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