Media

Anticompetitive practices

The German Competition Authority discontinues the proceedings against the "alliance of publishing houses" in the press wholesale sector as they end minimum sales requirement (Verlagsallianz / BPVG)
German Competition Authority (Bonn)
Bundeskartellamt brings an end to minimum sales requirement in the press wholesale sector* The “alliance of publishing houses” (Verlagsallianz) consisting of seven major German publishing houses and the Association of German Book, Newspaper and Magazine Wholesalers (BPVG) have refrained from (...)

The Spanish Competition Authority imposes fines totalling €77 million on two national leading TV channel operators for restricting other channels’ abilities to compete for advertising revenue (Mediaset / Atresmedia)
Van Bael & Bellis (Brussels)
On 12 November 2019, the Spanish Competition Authority (“CNMC”) fined Spain’s two leading TV channel operators Mediaset and Atresmedia a total of € 77 million for imposing single-branding obligations in their agreements with television advertisers. The CNMC concluded that the two TV channel (...)

The Danish Maritime and Commercial Court confirms the Danish Competition Authority’s decision finding that media agencies have concluded a market sharing agreement (Media Agencies)
Danish Competition and Consumer Authority (Copenhagen)
Court: Agreement between media agencies constituted anti-competitive customer allocation* Danish Maritime and Commercial Court confirms Competition Council decision: Agreement between media agencies constituted anti-competitive customer allocation. In August 2017, the Danish Competition (...)

The Indian Competition Authority finds the distribution arrangments of a supplier of mobile handsets to be prima facie compliant with national law (Vivo)
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
The CCI closed at prima facie stage a case against Vivo Mobile (Vivo), a supplier of mobile handsets, finding that its distribution arrangements raised no concerns under Section 3(4) of the Competition Act which prohibits vertical agreements with an appreciable adverse effect on competition (...)

The French Competition Authority dismisses audiovisual media group’s claim regarding priority and pre-emption rights for French-language films (Canal Plus Group)
French Competition Authority (Paris)
Broadcasting rights for catalogue French films* The Autorité de la concurrence dismisses the case brought by the Canal Plus Group against the practices of TF1, France Télévisions, and M6 on priority and pre-emption rights for French-language films. The Canal Plus Group was claiming that the (...)

The EU Commission accepts final commitments in a cross-border access to pay-TV case (Disney / NBC Universal / Sony Pictures / Warner Bros / Sky)
Van Bael & Bellis (Brussels)
According to a press release issued on 7 March 2019, the European Commission (“Commission”) has formally accepted the commitments offered by Disney, NBC Universal, Sony Pictures, Warner Bros. and Sky in Case 40.023, Cross-border access to pay-TV, under Article 9 of Regulation 1/2003. The (...)

The Danish Competition Authority finds two competing media owners have fixing prices in breach of Danish Competition Law (Clear Channel Danmark and AFA JCDecaux)
Danish Competition and Consumer Authority (Copenhagen)
Outdoor media owners illegally agreed to fix discounts for several years* The two competing media owners Clear Channel Danmark A/S and AFA JCDecaux A/S, who both sell advertising space in outdoor-media, agreed to common discounts in violation of the Danish Competition Act. Chairman of the (...)

The EU General Court rules that territorial exclusivity clauses in copyright licensing agreements raise competition concerns (Canal+)
Van Bael & Bellis (Brussels)
On 12 December 2018, the EU General Court (“GC” or “Court”) dismissed the application for annulment which Canal + SA (“Canal +”) had brought against a European Commission (“Commission”) decision that had made commitments offered by Paramount Pictures Ltd (“Paramount”) in the context of copyright (...)

The Hellenic Competition Authority decides to settle a case against two press distribution agencies for participating in horizontal agreements or/and concerted practices (Argos / Europi)
Hellenic Competition Authority (Athens)
Settlement case in the market of distribution of Greek press* By its unanimous Decision No. 669/2018, the Grand Chamber of the Hellenic Competition Commission (“HCC”) decided to settle a case against two press distribution agencies in Greece, ARGOS SA Press Distribution Agency (“ARGOS”) and (...)

The Shanghai Intellectual Property Court determines whether there are protectable interests and concludes that the degree of damage suffered by the plaintiff is not enough to meet the need for relief through the anti-unfair competition law (Beijin iQIYI Technology / Beijing Sogou Information)
Beijing Foreign Studies University (Beijing)
The Anti-Unfair Competition Law of the People’s Republic of China stipulates seven types of unfair competition, namely, label confusion (Article 6), commercial bribery (Article 7), misleading statements (Article 8), infringement on trade secrets (Article 9), improper prize-winning sales (Article (...)

The German Competition Authority fines two publishers for concluding illegal territorial agreements (DuMont / Bonner General-Anzeiger)
German Competition Authority (Bonn)
DuMont media group fined for concluding territorial agreements with the Bonner General-Anzeiger media group* The Bundeskartellamt has imposed fines amounting to a total of 16 million euros on DuMont Mediengruppe GmbH & Co. KG, an individual responsible and a lawyer. The company is accused (...)

The Indian Competition Authority finds no cartelization or abuse of dominance but does find refusals to deal in the market for broadcasting of TV channels (Noida Software Technology Park / Star India / Sony Pictures Network India)
Vaish (New Delhi)
Background The given case involved an information filed by Noida Software Technology Park Ltd (“Noida/Informant”) alleging (i) Cartelization (ii) Refusal to deal (constructive and outright) and (iii) Abuse of dominant position by Star India Pvt Ltd (“Star India”) and Sony Pictures Network India (...)

The U.S. Court of Appeals for the Second Circuit affirms a grant of summary judgment in favor of defendants in an old case alleging an unlawful conspiracy in the single-copy magazine industry (Anderson News)
Dechert (Philadelphia)
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Dechert (Philadelphia)
The U.S. Court of Appeals for the Second Circuit affirmed a grant of summary judgment on July 19, 2018, in favor of defendants in a nearly decade-old case alleging an unlawful conspiracy in the single-copy magazine industry. The decision clarifies the application of the Supreme Court’s (...)

The Competition Commission of South Africa fines a media cartel for price fixing and unlawful trading conditions (Caxton / Independent Media)
Primerio (Washington)
MEDIA CARTEL EXPOSED AND FINED* Print media companies Independent Media and Caxton & CTP Publishers and Printers (“Caxton”) have agreed to pay an administrative penalties as well as an amount to the Economic Development Fund of over R8 million as part of two separate settlement agreements (...)

The Spanish Competition Authority fines five companies and three of their executives for an information exchange to collude in tenders for the award of institutional advertising contracts (Carat España / Inteligencia y Media / Media by Design / Media Sapiens / Persuade Comunicación)
Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
Five companies (Carat España SAU, Inteligencia y Media SA, Media by Design Spain SA, Media Sapiens Spain SL and Persuade Comunicación) have been sanctioned for a collusive behaviour consisting in the exchange of commercially sensitive information in order to share tenders in the Framework (...)

The Spanish National Markets and Competition Commission fines five companies and three company executives for bid-rigging of public tenders for institutional advertising services (Agencias de Medios)
Callol, Coca & Asociados (Madrid)
On 7 May 2018, the NMCC imposed fines amounting to €7.12 million upon five companies: Carat España, S.A.U, Inteligencia y Media, S.A. (YMEDIA), Media By Design Spain, S.A. (MEDIA BY DESIGN), Media Sapiens Spain, S.L. and Persuadé Comunicación, S.A. and three of their managers or legal (...)

The Turkish Competition Authority concludes that a price comparison system for advertisers does not violate competition law (Yurddaş)
ACTECON (Istanbul)
Introduction The Turkish Competition Authority (“TCA”) has concluded its investigation against Diye Danışmanlık Eğitim ve Medya Hizmetleri Tic A.Ş.’s (“yurddaş + partners”) Media Barometer services. It is decided that Media Barometer, which is a media performance measurement service that includes a price (...)

The EU Commission carries out unannounced inspections concerning distribution of sports media rights and other related rights
DG COMP (Brussels)
Antitrust: Commission confirms unannounced inspections concerning distribution of sports media rights and other related rights* The European Commission can confirm that on 10 April 2018 its officials carried out unannounced inspections in several Member States at the premises of companies (...)

The Italian Competition Authority targets anti-competitive practices in market for the copyright management services (SIAE-Assomusica)
Desogus Law Office (Cagliari)
In SIAE-Assomusica , the Italian Competition Authority (ICA) has opened an Article 102 TFEU investigation and Article 101 TFEU investigation into restrictive business practices put in place in the copyright management sector. The facts of the case The ICA investigations were triggered by the (...)

The Italian Regional Administrative Court of Lazio annuls the decision of the Italian Competition Authority concerning an alleged violation of Art. 101 on the sale of broadcasting rights (Sky / RTI / Lega Calcio / Infront)
McDermott Will & Emery (Paris)
SALE OF SERIE A BROADCASTING RIGHTS, THE REGIONAL ADMINISTRATIVE COURT OF LAZIO ANNULS THE DECISION OF THE ITALIAN COMPETITION AUTHORITY* On 23 December 2016, the Regional Administrative Court of Lazio (the TAR) annulled the decision of the Italian Competition Authority (the Authority), (...)

The Italian Regional Administrative Court of Lazio annuls antitrust fines in football TV rights case (Italian Football League)
Administrative Court of Rome
1. Introduction The Regional Administrative Court of Latium upheld the appeals of major tv operators in the pay-tv market, Italian football League and its advisor and annulled the decision of the Italian Competition Authority for an alleged violation of Art. 101 TFEU, consisting in entering (...)

The EU Commission accepts commitments on geo-blocking practices restricting passive sales of audio-visual content (Paramount)
Fieldfisher (London)
Territorial restrictions in media content licensing – lessons from the Paramount commitments decision* The European Commission’s battle against territorial restrictions in media content licences continues on a number of fronts. One of those is an investigation launched in January 2014 into (...)

The EU Commission accepts commitments that correct passive sales restrictions caused by geo-blocking of audio-visual content (Paramount)
Van Bael & Bellis (Brussels)
On 26 July 2016, the Commission made legally binding the commitments offered by Paramount Pictures (“Paramount”) as it considered that they adequately addressed its concerns regarding specific contractual clauses restricting passive sales. In July 2015, the Commission had expressed concerns that (...)

The Hungarian Competition Authority fines several tenderers for bid-rigging in public procurements on broadcasting vehicles (LIGA TV)
Hungarian Competition Authority (Budapest)
Fine imposed by the GVH concerning public procurements* According to the decision of the GVH, Finella Investment Kft. (the successor of HTD Szaknévsor Kiadó Kft.), JRM Produkció Kft., LIGA TV Kft. (LIGA TV), “PUPU Produkció” Filmgyártó Kft., and Nosztalgia-Design Kft. concerted their practices with (...)

The EU Commission invites interested third parties to comment on the commitments proposed in the ongoing pay-TV investigation (Paramount Pictures)
DG COMP (Brussels)
Antitrust: Commission seeks feedback on commitments offered by Paramount Pictures in pay-TV investigation* The European Commission is inviting comments from interested parties on commitments offered by Paramount Pictures to address competition concerns relating to contractual clauses (...)

The Turkish Competition Authority grants individual exemption to an agreement signed on broadcasting rights (Turkish Basketball Federation / Digiturk)
Erdem & Erdem (Istanbul)
The Competition Board (“Board”) has granted individual exemption to the Media Rights Agreement (“Agreement”) signed by and between Turkish Basketball Federation (“TBF”) and Krea İçerik Hizmetleri ve Prodüksiyon A.Ş. (“Digiturk”) in accordance with Art. 5 of Act on the Protection of Competition No. 4054 (...)

The Belgian Competition Authority imposes provisional measures in a case involving TV rights for a series of cyclocross competitions (Telenet)
Belgian Competition Authority (Brussels)
The Competition College of the Belgian Competition Authority has imposed on the 5th of November 2015 provisional measures with regard to TV rights for the Superprestige cyclocross competition* The v.z.w. Verenigde Veldritorganisatoren (the organizer) and Telenet concluded an agreement granting (...)

The EU Commission issues a statement of objection against companies offering pay-TV services for geographical market sharing (Disney / NBCUniversal / Paramount Pictures / Sony / Twentieth Century Fox / Warner Bros)
University of East Anglia (Norwich)
The European Commission’s Battle Over Pay-TV Services: Can Segmenting the EU Market Be Justified?* Yesterday the European Commission issued a Statement of Objections to Sky UK and six major US film studios, taking the preliminary view that restrictions put in place to prevent consumers located (...)

The US DOJ opens an investigation on a movie theater chain (Regal, AMC, Cinemark Holdings)
Porter Wright Morris & Arthur (Washington)
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Porter Wright Morris & Arthur (Columbus)
Antitrust Probe of Movie Theater Chains Enters Next Act* The U.S. Department of Justice has turned its spotlight on AMC Entertainment, Inc. in the government’s antitrust probe of the nation’s movie theater industry. In an 8-K filed Monday with the Securities and Exchange Commission, AMC (...)

A U.S. District Court rejects an antitrust claim for lack of standing (Spinelli / NFL)
Patterson Belknap Webb & Tyler (New York)
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Patterson Belknap Webb & Tyler (New York)
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Patterson Belknap Webb & Tyler (New York)
Court Sacks Photographers’ Antitrust Claims Against the NFL and its Member Teams* Allegations of conspiracy to restrain trade and exclusive dealing may read like textbook antitrust claims, but if the allegations are made by a plaintiff who is not an “efficient enforcer” of the antitrust laws, the (...)

The Hellenic Competition Commission sends statement of objections to suspected bid rigging participants in the radio audience measurement market (MRB and FOCUS)
Hellenic Competition Authority (Athens)
Statement of Objections addressed to undertakings active in the market of media measurement services regarding an alleged infringement of article 1 Law 3959/2011 (and/ or article 1 Law 703/1977)* Following the issuing of a statement of objections, the Hellenic Competition Commission (HCC) will (...)

The US District Court for the Southern District of New York denies motions for summary judgment in 2 class action suits alleging anticompetitive conduct in markets for TV & internet sports broadcasting (Laumann / National Hockey League & Lerner / Office of the Commissioner of Baseball)
McDermott Will & Emery (Paris)
On Friday, August 8, 2014, the Southern District of New York denied motions for summary judgment filed by the National Hockey League, Major League Baseball, Comcast Corp. and DirecTV LLC in suits alleging that these organizations and television providers conspired to hinder competition in (...)

The Romanian Competition Council imposes fines on eleven media companies for having entered an anticompetitive agreement whose object was to eliminate competitors from media communication services market (Zenith Media Communications)
Romanian Competition Council (Bucharest)
The Competition Council has sanctioned 11 media companies* The Competition Council has sanctioned 11 media companies with fines totaling 14,567,555 lei (approximately Euro 3.2 million). The competition authority found out that 11 companies have participated in a anticompetitive agreement (...)

The Danish Competition Authority accepts new commitments regarding football clubs’ joint sale of media rights for national league football (Superliga)
Danish Competition and Consumer Authority (Copenhagen)
Danish Competition Council Accepts New Commitments regarding Danish Football Clubs’ Joint Sale of Media Rights* On 26 February 2014 the Danish Competition Council accepted new commitments offered by the Association of Danish League Clubs regarding the clubs’ joint sale of media rights to Danish (...)

The Danish Competition Authority accepts new commitments in relation to a joint sales agreement between football clubs in the top Danish league (Superliga)
Danish Competition and Consumer Authority (Copenhagen)
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TDC Group (Copenhague)
On 26 February 2014 the Danish Competition Council (“DCC”) accepted revised commitments offered by the Association of Danish League Clubs (“ADLC”) regarding the joint sale of media rights to the premier Danish football leagues. The new commitments allow for a longer rights period (6 years), but (...)

The Spanish Competition Authority fines media company and football clubs for breaching a resolution on the acquisition of broadcasting rights for football competitions (Mediapro / Real Madrid / FC Barcelona / Sevilla / Racing de Santander)
European Commission (Brussels)
Spain: The Comisión Nacional de los Mercados y la Competencia fines Mediapro and four Football Clubs € 15 000 000* On 2 December 2013, the Council of the National Commission for Markets and Competition (Comisión Nacional de los Mercados y la Competencia or CNMC) imposed fines amounting to € 15 (...)

The Hungarian Competition Authority imposes fines on two cable operator associations for infringing the rules prohibiting anti-competitive agreements (MKSZ / MKHSZ)
European Commission (Brussels)
Hungary: Fines imposed on two Cable Operator Associations* On 7 August 2013, the GVH (the Hungarian Competition Authority) imposed fines totalling HUF 11 000 00 (approximately € 37 000) on two cable operator associations for infringing the rules prohibiting anti-competitive agreements. The (...)

The German Competition Authority fines two major TV broadcasting groups and two individuals for entering into anticompetitive agreements when they introduced the encryption of their digital free TV programmes (Pro7Sat1 and RTL)
European Commission (Brussels)
Germany: The Bundeskartellamt imposes Fines on Pro7Sat1 and RTL on account of Agreements on basic Encryption of TV Programmes and secures unencrypted SD TV* On 28 December 2012 the Bundeskartellamt (BKartA) imposed fines totalling approximately € 55 000 000 on the two major German TV (...)

The Swiss Competition Authority fines body representing audiovisual media device producers for restricting parallel imports (International Federation of the Phonographic Industry, Phononet)
Van Bael & Bellis (Brussels)
In a decision of 16 July 2012, the Competition Authority of Switzerland (“COMCO”) levied a fine of CHF3.5 million (around € 3 million) on the International Federation of the Phonographic Industry (“IFPI Switzerland”), as well as a fine of CHF20,000 (around € 16,000) on Phononet AG (“Phononet”), (...)

The Paris Commercial Court seeks the opinion of the French Competition Authority on the broadcasting rights for championship football matches (Ligue de Football Professionnel)
French Competition Authority (Paris)
The Paris Commercial Court seeks the opinion of the Autorité de la concurrence on the compatibility with competition rules of the call for tenders the Ligue de Football Professionnel (LFP - French professional football league) issued in 2010 to grant broadcasting rights for League 2 football (...)

The US DoJ announces to continue investigations into the e-book industry for alleged price-fixing conspiracy (Apple)
Sidley Austin (Brussels)
This article has been nominated for the 2013 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The DOJ believes that Apple is forcing you to pay more for e-books* On April 11, 2012 the world of antitrust became abuzz with the news that the DOJ filed a (...)

The German Competition Authority accepts commitments offered by two sports leagues concerning the joint award of media rights (League Association / German Football League)
European Commission (Brussels)
Germany: Green Light for current Marketing Model of Football League Media Rights * On 17 April 2012, the award procedure for the media rights of the 1st and 2nd German football leagues has been concluded. On 12 January 2012, the Bundeskartellamt (BKartA) accepted the commitments offered by (...)

The Romanian Competition Authority accepts commitments from the national football federation in relation to the joint selling of media rights (Federația Română de Fotbal / Liga Profesionistă de Fotbal din România)
University of Macau - Faculty of Law
On 19 April 2011 the Romanian Competition Authority (CC) accepted the commitments proposed by the Romanian Football Federation (FRF) and, one of its members, the Romanian Professional Football League (LPF) in relation to the joint selling of the media rights and thus closed its investigation (...)

The Stockholm District Court of Appeal holds that an agreement whereby authors have entrusted the administration of their literary works to a collecting society constitutes the basis of an unlawful cooperation and thus is null and void (Mediearkivet)
Vinge (Stockholm)
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Cosmetics Europe (Brussels)
Introduction In two cases concerning the administration by a collecting society of literary works, the Stockholm District Court and, on appeal, the Court of Appeal, examined the agreements whereby authors had entrusted the administration of their literary works to a collecting society. It was (...)

The Danish Competition Appeals Tribunal upholds the Competition Authority’s decision prohibiting a TV Broadcaster’s business terms regarding the distribution of two TV channels (Viasat)
European Commission (Brussels)
Denmark: The Danish Competition Appeals Tribunal upholds the Danish Competition Council’s decision prohibiting Viasat’s Business Terms regarding the Distribution of TV 3 and TV 3+ On 8 June 2010, the Danish Competition Appeals Tribunal (CAT) upheld the Danish Competition Council’s (DCC) decision (...)

The Spanish Competition Authority limits the duration of contracts concluded between broadcasters and football clubs for the acquisition and resale of football broadcasting rights for Spanish League and Cup matches, as well as a pooling agreement between broadcasters, to three years (AVS / Mediapro / Sogecable / Clubs de Fútbol de 1 y 2 División)
Cleary Gottlieb Steen & Hamilton (Brussels)
On April 14, 2010, the Council of the Spanish Competition Commission (the “CNC”) adopted a decision in a case against several broadcasters operating in the markets for the acquisition and resale of football broadcasting rights for Spanish League and Cup matches, and football clubs of the 1st and (...)

The Spanish Competition Authority closes its case following commitments concerning anticompetitive agreements in the TV sector (Telefónica Cable / Sogecable)
European Commission (Brussels)
Spain: The Comisión Nacional de la Competencia (CNC) closes Satellite Pay TV Case following Commitments* On 28 January 2010, the CNC Council resolved by means of a commitments decision the formal proceedings in case TRIO PLUS, opened against Telefónica Cable, S.A.U. and Sogecable, S.A. for (...)

The French Competition Authority issues an opinion on the possible implementation of retail price maintenance scheme for digital books
European Commission (Brussels)
France: The Autorité de la concurrence recommends not to apply RPM to Digital Books and suggests Contractual Models for Relations between Publishers and Digital Librarians On 18 December 2009, the Autorité de la concurrence (hereafter: the Autorité) delivered its opinion on the possible (...)

The Macedonian Competition Authority finds anticompetitive practices on the market for radio advertising (Ros Metropolis Radio)
University of Macau - Faculty of Law
On 18 December 2009 the Macedonian Competition Authority (KZK) concluded its investigation on the market for radio advertising on the territory of Skopje municipality and concluded that three radio stations - Ros Metropolis Radio, City Radio and Club FM concluded an anticompetitive agreement by (...)

The Austrian Supreme Court rules that a newspaper distributor cannot be considered an agent under EU competition law (Newspaper Distributor II)
Salzburg University
Background The Austrian Competition Authority (“Bundeswettbewerbsbehörde”) successfully filed an application with the Austrian Cartel Court against a German publishing group, its Austrian subsidiary and an Austrian newspaper distributor. The application was based on certain vertical restraints (...)

The Danish Competition Authority prohibits a TV broadcaster and satellite distributor’s business terms regarding distribution of two TV-channels (Viasat)
European Commission (Brussels)
Denmark: Authority prohibits Viasat’s Business Terms Regarding Distribution of TV 3 and TV 3 The Danish Competition Council (DCC) adopted on 30 September 2009 a decision finding that Viasat’s business terms, regarding distribution of the TV-channels TV 3 and TV 3+ in cable networks infringe (...)

The UK Office of Fair Trading exercises its discretion not to refer the newspaper and magazine distribution industry to the Competition Commission despite competition concerns
DLA Piper (London)
Summary The Office of Fair Trading (OFT) has decided not to refer the market for newspaper and magazine distribution in the UK to the Competition Commission (CC) for a market investigation (the MIR Decision). Background Following the revocation, in May 2005, of the Vertical Agreements (...)

The UK Office of Fair Trading releases the results of its sector inquiry on the market for newspaper and magazine distribution (Newspaper and magazine distribution in the UK)
DLA Piper (London)
Summary On 22 October 2008 the Office of Fair Trading (OFT) produced the following three reports, as well as a background paper, as part of its enquiry into the distribution of newspapers and magazines in the United Kingdom. The reports were as follows : (a) a legal Opinion from the OFT on (...)

The Polish Supreme Court confirms the National Competition Authority’s decision on the illegality of an "English clause" on the market for football broadcasting rights (Canal + / Polski Związek Piłki Nożnej)
Greenberg Traurig Grzesiak (Warsaw)
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PKN Orlen (Warsaw)
On 7 January 2009, the Polish Supreme Court issued a long awaited judgement concerning an “English clause“ in an agreement between pay TV operator (Canal +) and a Polish football association, Polski Związek Piłki Nożnej ("the PFA"), which was assessed by the President of the Office of Competition (...)

The Hungarian competition authority fines EUR 10.500 the journalist association for recommended prices on the basis of both Art. 81 EC and equivalent national provision (Magyar Újságírók Szövetsége)
Hungarian Competition Law Research Centre
The Hungarian competition authority, the Gazdasági Versenyhivatal (further on: GVH) initiated an investigation against the Hungarian association of journalists, the Magyar Újságírók Országos Szövetsége (further on: MUOSZ) on the basis of s11 of the Hungarian competition act and art. 81 EC because it (...)

The French Civil Supreme Court rules that the violation by foreign websites of the obligation to inform consumers on the existence of a copyright levy constitutes unfair competition to a French company (Rue du Commerce / Dabs / Omnisoft and others)
Google (Paris)
Copyright laws of most European Member States provide that the price of storage products such as tapes or discs include a copyright levy, to compensate authors whose work will be copied on these media. The amount of this copyright levy differing from one country to another, resellers of such (...)

The UK Office of Fair Trading updates its position on newspapers and magazines work (Newspapers and magazines work)
King’s College (London)
On the 11 March 2008 the OFT published a press release, providing an update on distinct, but linked, work strands regarding the newspaper and magazine sector : (a) the preparation of guidance to assist publishers and distributors in assessing for themselves whether their newspaper and magazine (...)

The UK Competition Commission imposes inter alia price control to a major operator in the printed classified directories market (Yell)
RBB Economics (London)
On 21 December 2006, the UK’s Competition Commission published the results of its market investigation on the supply of printed classified directory advertising services (CDAS). In its report, the CC found that Yell, the largest supplier, had market power. This finding was based primarily on (...)

The French Competition Authority accepts the commitments made to address competition concerns regarding the access of local radios to national advertisement (GIE Les Indépendants)
French Competition Authority (Paris)
Access of local radios to national advertisement: The Conseil de la concurrence accepts the commitments of GIE Les Indépendants.* In its decision dated October 6th 2006, the Conseil de la concurrence has accepted the commitments proposed by the GIE (economic interest group) Les indépendants, (...)

The French Competition Council agrees to commitments from Hi-Fi and Home Cinema equipment suppliers in order to allow their selective distributors to carry out online selling (Hi-Fi / Home Cinema)
Simmons & Simmons (Paris)
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Hewlett Packard (Boulogne-Billancourt)
On 5 October 2006, the Conseil de la concurrence (French Competition Council) issued a decision in which it accepted to withdraw the litigation proceedings after three of the main companies active in the Hi-fi and home cinema equipment sector (Bose, Focal JM Lab and Triangle) agreed to (...)

The EU Commission adopts its first commitment decision pursuant to Article 9 of Regulation 1/2003 concerning joint selling of German football media rights (Bundesliga)
DG COMP (Brussels)
"Joint selling of Bundesliga media rights — first Commission decision pursuant to Article 9 of Regulation 1/2003"* Introduction On 19 January 2005 the Commission adopted the first commitment decision pursuant to Article 9 of Regulation 1/2003. In case COMP/C-2/37.214 — Joint selling of the (...)

The French Competition Authority hands down interim measures in the ADSL television sector (France Télécom / TPS)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence hands down interim measures in the ADSL television sector.* In its decision 04-MC-01 of 15th April 2004, the Conseil de la concurrence handed down interim measures against the (...)

The European Commission exempts vertical restraints in the Nordic pay-TV Sector (Telenor/Canal+/Canal Digital)
European Court of Justice (Luxembourg)
"Commission exempts vertical restraints in the Nordic pay-TV Sector: Telenor/Canal+/Canal Digital"* Introduction After a fundamental restructuring of the Spanish and Italian pay-TV markets, also the Nordic pay-TV sector has undergone major changes in recent times, albeit in a different (...)

The EU Commission adopts a formal decision exempting the joint selling of the media rights of an international football tournament (UEFA Champions League)
DG COMP (Brussels)
"Football: joint selling of media rights"* 1. Introduction On 23 July 2003, the Commission adopted a formal decision exempting the joint selling of the media rights of the UEFA Champions League. The Commission concluded that the joint selling of the TV, internet and mobile telephone content (...)

The EU Commission ends proceedings regarding German book price fixing agreements following acceptance of commitment on cross-border sales (Sammelrevers)
European Court of Justice (Luxembourg)
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DG COMP (Brussels)
"Commission ends competition proceedings regarding German book price fixing agreements following acceptance of an undertaking on cross-border sales"* Introduction The Commission has been dealing with the system of fixed book prices in Germany and Austria since its first notification in 1993 (...)

The OECD holds a roundtable on competition issues related to sports
OECD - Competition Division (Paris)
Satellite television with dedicated sports channels considerably increased the market for sports broadcasts. Sports bodies and event organisers perceive that they have market power to influence competition among TV channels and the market for sports equipment. Sports federations and leagues (...)

The Luxembourg Competition Authority releases a termination decision removing suspicions of competition law infringements consisting in cross-subsidizing and abuse of collective dominance by a press group concerning a free daily newspaper (Nicolas / L’Essentiel)
Brown Brothers Harriman (BBH) (Luxembourg)
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Arendt & Medernach (Luxembourg)
The Luxembourg Competition Council has released a termination decision on 2 July 2009 (Décision n° 2009-FO-01) removing suspicions of competition law infringements by the Groupe de Presse Nicolas. Generally speaking, the case is interesting in the sense it shows how market players active in the (...)

Dominance

The Spanish Competition Authority fines a company for abuse of dominant position in the management and exploitation of intellectual property rights of authors and publishers of musical and audiovisual works (SGAE)
Callol, Coca & Asociados (Madrid)
The NMCC has fined the Spanish Society of Authors, Composers and Publishers (SGAE) €2.95 million for abusing its dominant position in the management and exploitation of intellectual property rights of authors and publishers of musical and audiovisual works (Articles 2 SCA and 102 TFEU). The (...)

The Egyptian Economic Court fines the President and the Secretary General of a sports association for abuse of dominance regarding an exclusive licensing agreement (Confederation of African Football)
Egyptian Competition Authority (Cairo)
Economic Court has Fined Mr. Isaa Hayatou (President of CAF) and Mr. Hicham El Amrani (Secretary General of CAF) 500 Million EGP Each*
 Background of the case: 
January 3rd 2017, the Egyptian Competition Authority (ECA) requested the Prosecutor’s Office to press criminal charges pursuant to (...)

The Italian Competition Authority fines the Italian Authors’ and Publishers’ Association for abuse of dominant position (SIAE)
Van Bael & Bellis (Brussels)
On 25 September 2018, the Italian Competition Authority (the “ICA”) imposed a symbolic fine of € 1,000 on the Italian Authors’ and Publishers’ Association (the “SIAE”) for abusing its dominant position. The SIAE is a collective management organisation under Directive 2014/26/EU on collective (...)

The French Competition Authority renders legally binding a set of remedies proposed by a media company, leaving its subscribers free to choose their TV decoder to watch its programmes (Canal Plus)
French Competition Authority (Paris)
Satellite Pay TV* The Autorité de la concurrence makes the commitments of Groupe Canal Plus binding, leaving its subscribers free to choose their TV decoder to watch its programmes. The complaint A satellite decoder manufacturer lodged a complaint with the Autorité de la concurrence relating (...)

The Cairo Economic Court upholds the recommendation of the Egyptian Competition Authority and fines a TV broadcasting company for abusive bundling of international football events (Nasser Al-Khulaifi / beIN Media)
First Principles Economics (London)
The Cairo Economic Court upholds the recommendation of the Egyptian Competition Agency and fines a TV broadcasting company for abusive bundling of international football events (Nasser Al-Khulaifi / beIN Media) On 29th January 2018 the Cairo Economic Court found that beIN had abused its (...)

The Indian Competition Authority opens investigation into abuse of dominance and price discrimination by national media conglomerate in the market for cable TV distribution (Thiruvananthapuram Entertainment Network / Star India)
Vaish (New Delhi)
CCI opens investigation against Star India Pvt. Ltd. for alleged abuse of dominance / price discrimination* The Competition Commission of India (CCI) vide order dated December 29, 2017 has initiated an investigation against Star India Pvt. Ltd (“Star India/ Opposite Party”) for alleged violation (...)

The Italian Competition Authority imposes FRAND licensing to a local newspaper in a paradigm for the essential facility doctrine applied to copyrights (Società Iniziative Editoriali)
Portolano Cavallo (Milan)
On 20 December 2017, the Italian Competition Authority (or “ICA”) issued a rare infringement decision in an abuse of dominance investigation against the publisher of a local daily newspaper (“SIE”), which refused to deal with a player (the “complainant” or “Euregio”) in the downstream local market for (...)

The Italian Competition Authority applies the doctrine of essential facilities to a refusal to grant a copyright licence (Società Iniziative Editoriali)
Desogus Law Office (Cagliari)
Applying the doctrine of essential facilities to IP assets in the SIE case (decision no. 26312 of 21 December 2016, Case A503 Società Iniziative Editoriali/Servizi di rassegna stampa della Provincia di Trento- SIE), the Italian Competition Authority (ICA) found that a publisher infringed (...)

The Indian Competition Authority reinstates fine against the national governing body for cricket for abuse of dominance and granting of exclusive licenses (Board of Control for Cricket in India)
Vaish (New Delhi)
CCI re- imposes penalty of INR 52.24 crores on BCCI for abuse of dominance* The Competition Commission of India (“Commission/CCI”) vide its Order dated November 29, 2017 has re-imposed the penalty of INR 52.24 Crores on the Board of Control for Cricket in India (“BCCI”) after fresh inquiry that (...)

The Belgian Competition Authority decides not to take further action in press distribution services as exclusivity clauses were ceased and no abuse of dominance was found (VZW / AMP)
Arnold & Porter Kaye Scholer (Brussels)
On June 22, 2017, the investigatory body of the Belgian Competition Authority (hereafter, “the Auditorat”) decided to take no further action against AMP, after receiving a complaint from ASBL Prodipresse, VZW Vlaamse Federatie van Persverkopers and VZW Buurtsuper.be about exclusivity clauses in (...)

The EU Commission accepts remedies to alleviate concerns in film licensing contracts in cross-border pay-TV services (Paramount / Sky UK)
DG COMP (Brussels)
Antitrust: Commission accepts commitments by Paramount on cross-border pay-TV services* The European Commission has made commitments offered by Paramount legally binding under EU antitrust rules. These address the Commission’s concerns regarding certain clauses in film licensing contracts for (...)

The German Competition Authority approves marketing model for the award of football championship rights from 2017/18 season onwards (DFL)
German Competition Authority (Bonn)
Bundeskartellamt approves marketing model for award of Bundesliga rights from 2017/18 football season onwards – DFL undertakes for first time to observe ’no single buyer’ rule* The German League Association and the German Football League (DFL) have submitted a commitment to the Bundeskartellamt (...)

The South African Competition Tribunal addresses its first predatory pricing case in the newspaper market (Media24)
Wallonia-Brussels Trade Commission - AWEX (Johannesburg)
First predatory pricing case before the Competition Tribunal* A year ago, we at AAT reported on the intervention by competitors in the merger between Media24 and Paarl Media. Today, we want to highlight a “one-year-later” feature about that same company, which has now been found liable of (...)

The Indian Competition Authority dismisses allegations of anticompetitive conduct and abuse of dominance against a global media company in the national cinema market (K Sera Sera Digital Cinema / NBC Universal)
Vaish (New Delhi)
CCI dismisses cases against M/s NBC Universal Media Distribution Services Pvt. Ltd for anticompetitive agreements and abuse of dominant position* CCI by its order dated June 4, 2015 dismissed case against NBC Universal Media Distribution Services Pvt. Ltd (NBC), M/s UFO Movies India Ltd (...)

The Lisbon Court of Appeal upholds the decision of the Portuguese Competition Authority against a sport channels for abuse of dominance in the market of conditional-access premium sports TV channels (Sport TV)
Portuguese Competition Authority (Lisbon)
Portuguese Competition Authority’s decision against Sport TV confirmed by the Lisbon Court of Appeal* The Lisbon Court of Appeal confirmed the Portuguese Competition Authority’s (PCA) decision against Sport TV for abusing its dominant position in the market of conditional-access premium sports (...)

The French Competition Authority orders interim measures against a TV company on the exclusive rights for the broadcasting of Top 14 matches market (Canal Plus / beIN Sports)
French Competition Authority (Paris)
Broadcasting rights for the French Rugby 1st Division Championship* Following a referral by beIN Sports, the Autorité de la concurrence suspends the agreement concluded between the French Rugby national League and Group Canal Plus which awarded the latter exclusive rights for the broadcasting (...)

The Slovenian Competition Authority fines a broadcasting and internet media company in abuse case (Pro Plus)
European Commission (Brussels)
Slovenia: The Competition Protection Agency fines Media Company PRO PLUS in Abuse Case* On 21 July 2014, the Slovenian Competition Protection Agency (CPA) imposed a fine of nearly € 5 000 000 on PRO PLUS, a leading broadcasting and internet media company in Slovenia, for having abused its (...)

The Portuguese Competition Authority imposes a fine of € 3.73 M on a TV operator for having abused its dominant position on the market for access to premium sports content (Sport TV)
University of Harvard - Law School (Cambridge)
On 6 June 2013, the Portuguese Competition Authority (“PCA”) imposed a fine of € 3.73 million on Sport TV Portugal for having abused its dominant position on the market for access to premium sports content by signing discriminatory distribution agreements with pay- TV operators between (...)

The Slovenian Competition Authority imposes fines on a media company for having abused its dominance on the market for television advertising airtime (Pro Plus)
Slovenian Competition Authority (Ljubljana)
Slovenian Competition Protection Agency fines the media company PRO PLUS* Slovenian Competition Protection Agency (CPA) has imposed a fine of nearly 5 million EUR for abuse of dominant position on company PRO PLUS, a leading broadcasting and internet media company in Slovenia. The fine is the (...)

The Croatian Competition Authority accepts commitments of the public broadcaster concerning retransmission of television channels by “pay TV” operators (Hrvatska radiotelevizija)
University of Macau - Faculty of Law
On 28 March 2013 the Croatian Competition Authority (AZTN) closed its investigation into the alleged abuse of dominant position by the public broadcasting company Hrvatska radiotelevizija (HRT) by accepting a number of behavioral commitments related to retransmission of television channels by (...)

The EU Commission adopts decision rendering international news media agency’s commitments legally binding (Thomson Reuters)
Van Bael & Bellis (Brussels)
On 20 December 2012, the Commission announced that it had adopted a decision that renders legally binding the commitments offered by Thomson Reuters to create a new licence ("ERL") allowing customers, for a monthly fee, to use Reuters Instrument Codes (“RICs”) for data sourced from Thomson (...)

Authority fines French media distribution company for having abused its dominant position through its system of rebates (Presstalis)
European Commission (Brussels)
Belgium: Fine imposed for Abuse of Dominant Position in Export and Distribution of French Magazines in Belgium* On 30 July 2012, the Competition Council (the Council) sanctioned the French company Presstalis (Presstalis) for having abused its dominant position between 2002 and 2004 through its (...)

The Spanish Competition Authority fines a distributor of digital terrestrial television for margin squeeze (Abertis Telecom)
Spanish Competition Authority (Madrid)
Spain: The Comisión Nacional de la Competencia (CNC) fines Abertis Telecom S.A.U. for Margin Squeeze* On 8 February 2012, the CNC Council adopted a decision according to which ABERTIS TELECOM S.A.U. (Abertis) infringed Article 2 of the Spanish Competition Act and Article 102 TFEU by hindering (...)

The Irish Competition Authority closes its investigations with binding commitments undertaken by the TV broadcasting company concerning advertising airtime deals (RTE)
Irish Competition Authority (Dublin)
Successful resolution to complaint against RTÉ* The Competition Authority has published details of the successful outcome of an investigation involving RTÉ, following a complaint made by TV3. TV3 had complained that RTÉ’s “share deal” was anti-competitive. The share deal is a scheme used by RTÉ (...)

The Irish Competition Authority accepts commitments from main television and radio broadcaster regarding discounts to advertisers (RTE)
Van Bael & Bellis (Brussels)
On 17 January 2012, the Competition Authority of Ireland (“ICA”) announced that it had successfully resolved an investigation against RTE, Ireland’s main television and radio broadcaster, in relation to allegedly anti- competitive discounts that were offered to advertisers. RTE has offered (...)

The Spanish Competition Authority closes proceeding against the performer’s collective management organization for unfair and discriminatory tariffs on TV broadcasting of audiovisual works (AISGE)
Callol, Coca & Asociados (Madrid)
The commitments finally presented by AISGE redesign the calculation of the tariffs to reflect effective use of its repertoire and have been considered adequate to resolve the anti-competitive effects of the conduct of AISGE; AISGE was under investigation in relation to unfair and discriminatory (...)

The Danish Supreme Court confirms that a TV broadcaster has abused its dominant position in the market for national television commercials in the form of illegal loyalty-inducing discounts (TV 2 / Danmark)
Honoré & Fallesen (Copenhagen)
On 18 March 2011 the Danish Supreme Court delivered a final judgment in the case concerning TV 2/Danmark’s use of loyalty-inducing discounts in the Danish market for TV advertising. The Supreme Court held in the judgment that TV 2/Danmark’s annual discounts are likely to have a material (...)

The Spanish Competition Authority imposes a fine for abuse of dominance on an IPs’ collecting society charging unfair and discriminatory prices on TV broadcaster (Artistas Intérpretes o Ejecutantes)
European Commission (Brussels)
Spain: The CNC’ Council fines AIE, Intellectual Property Rights’ Collecting Society* On 23 February 2011, the Council of the National Competition Commission (CNC) imposed a fine of € 532 686 on Artistas Intérpretes o jecutantes, Sociedad de Gestión de España (AIE) for an infringement of Article 2 (...)

The Italian Competition Authority starts an investigation against a media producer and distributor for infringement of Art. 102 TFUE and national equivalent (RTI / Sky)
Codacons (Rome)
Sky Italia s.r.l. is controlled by News Corporation Ltd active on the media market, whose activity includes production and distribution of movies, tv show, newspaper, books and magazines’publication. (Reti Televisive Italiane) RTI S.p.A belongs to Mediaset Group, which controls the three main (...)

An Italian Regional Administrative Tribunal annuls a decision from the NCA for the ineffectiveness of the undertakings imposed to address the competition concerns raised on the market for broadcasting rights of football matches (Conto TV)
Rohatyn (New York)
The Regional Administrative Tribunal for Lazio annuls a decision from the Italian Competition Authority for the ineffectiveness of the undertakings and forces the Authority to restart the proceedings and repeat the market test on the basis of the 287/1990 and 241/1990 laws and the EU Regulation (...)

The Polish President of the Competition Authority accepts commitments submitted by satellite pay-TV platform regarding the use of exclusive sports media rights (Cyfrowy Polsat)
Polish Competition Authority (Warsaw)
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Polish Competition Authority (Warsaw)
Decision On 12 February 2010, the President of the Office for Competition and Consumer Protection (OCCP) issued a decision which rendered plausible that Cyfrowy Polsat (pay-TV operator) had abused its dominant position by selling rights for public broadcasting of Euro 2008 subject to acquire (...)

The Spanish Competition Authority issues a report on the management of IP rights by collecting societies and concludes that their monopolistic position facilitates the distortion of effective competition
Cleary Gottlieb Steen & Hamilton (Brussels)
On January 19, 2010, the Spanish Competition Commission published a report on collective societies’ management of Intellectual Property Rights (“IP rights”) in Spain and concluded that Spanish collecting societies enjoy a monopolistic position that reduces their incentives to operate efficiently, (...)

The Mexican Competition Authority imposes an antitrust fine for refusal to share television content with rival (Grupo Televisa / Tele Cable)
Jones Day (Mexico)
,
Jones Day (Mexico)
,
Jones Day (Mexico)
On December 1, it was announced that the Mexican Federal Competition Commission (“Cofeco”) had imposed a fine of pesos $ 47.5 million (approximately US $ 3.7 million) on Grupo Televisa, which is controlled by Mr. Emilio Azcárraga Jean, for refusing to provide certain television content to a cable (...)

The Italian Civil Tribunal in Milan holds a decision on the private enforcement of Art. 82 EC concerning the cease of purchase of advertising spaces on leading commercial networks (Sky / Mediaset)
University of Turin
On September 16, 2009 Sky Italia S.r.l. has filed a lawsuit under the Art. 700 of the Italian Code of Civil Procedure with the Tribunal of Milan against RTI and Publitalia , both owned by the Mediaset Group, for the infringement of (a) the antitrust principles under Art. 82 of the European (...)

The Belgian Competition Authority dismisses a claim from the Union of Belgian French-speaking Booksellers against their main distributors for alleged illicit agreement and abuse of dominant position (Interforum)
Philippe & Partners (Brussels)
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Arnold & Porter Kaye Scholer (New York)
I. The parties The complaint was launched by the “Belgian Union of French-speaking Booksellers” (hereinafter UBFB), whose task is "to ensure the preservation and advancement of the interests of booksellers; safeguard, foster and promote by all means the dissemination of books; ensure the (...)

The Italian Competition Authority investigates alleged abuse of dominance in the market for online advertising (FIEG / Google)
Ashurst (Milan)
Italian Competition Authority investigates Google’s alleged abuse in the market for online advertising* On 26 August 2009, the Italian Competition Authority opened an investigation (see also press release of 27 August 2009) to determine whether Google is abusing its dominant position in online (...)

The Danish Eastern High Court overturns a decision by the Competition Appeal Tribunal and finds that a broadcaster has abused its dominant position by granting rebates (TV2)
Danish Competition and Consumer Authority (Copenhagen)
On 22 June 2009, the Danish Eastern High Court overturned a decision by the Competition Appeal Tribunal - thereby confirming the earlier decision by the Danish Competition Authority - and found that the Danish broadcaster TV2 has abused its dominant position by granting loyalty enhancing (...)

The Turkish Competition Authority finds no exclusionary conduct on the market for on-screen cinema advertising despite exclusivity contracts of the dominant undertaking (Fida)
University of Leeds
The Turkish Competition Authority (TCA) has acted on a complaint alleging that Fida Film Production Distribution and Advertising Corporation (Fida Film) has entered into exclusivity agreements with all major cinema companies and foreclosed 80% of the market with these, rendering the (...)

The Latvian Competition Authority fines two broadcast companies for abuse of dominance in the market of distribution of television channels and imposes remedies (VIASAT / TV3 Latvia)
Konkurences padome (Riga)
Fines and Legal Obligations Imposed on Distributors of TV Channel TV3* On 18 June 2009 Competition Council (CC) fined VIASAT AS (Estonia) and TV3 Latvia Ltd. for the abuse of dominant position in the market of distribution of television channel TV3 on the territory of Latvia. Both companies (...)

The French Competition Authority accepts commitments to address competition concerns in the TV services broadcasting sector (TDF)
French Competition Authority (Paris)
TV services Broadcasting: The commitments obtained by the Conseil de la concurrence from TDF will facilitate the entrusting of programme broadcasting by analogical channels to competing technical operators.* Emettel’s complaint : market foreclosure by TDF At end 2006, Emettel company had (...)

The French Competition Authority orders interim measures to address practices implemented by the incumbent operator on the terrestrial broadcasting of FM radio stations and analogical and digital TV sector (Towercast / TDF)
French Competition Authority (Paris)
Terrestrial broadcasting of FM radio stations and analogical and digital TV: The Conseil de la concurrence orders TDF to propose to towerCast a new wholesale hosting offer for broadcasting FM from the Eiffel Tower site in order to allow the company to effectively compete with the incumbent (...)

The French Competition Authority imposes interim measures to address practices implemented by the incumbent operator on the sector of terrestrial analogical broadcasting of TV services (Emettel / TDF)
French Competition Authority (Paris)
Terrestrial analogical broadcasting of TV services: Conseil de la concurrence imposes interim measures against TDF and orders not to prevent TV channels from entrusting to other operators the broadcasting of their programmes from secondary network sites.* Following a referral on December 2006 (...)

The Swedish Market Court makes a preliminary reference to the EU Court of Justice on copyright management by collecting societies (Kanal 5 / TV 4 / STIM)
General Court of the European Union (Luxembourg)
Introduction Since Sweden joined the European Union in 1995, the Swedish courts have been reluctant to make preliminary references to the European Court of Justice (“ECJ”) in all fields of law. Up until 2006, the Swedish courts had made on average 5 preliminary references per year, in (...)

The French Competition Authority rejects a request for interim measures on the pay-TV market (Télé / TPS)
French Competition Authority (Paris)
The Conseil de la concurrence rejects the request for interim measures filed by the news channel I>Télé and the Canal Plus Group, but continues its full inquiry into the case on the merits.* In July 2003, the Conseil de la concurrence received a complaint from the company I>Télé and the Canal Plus (...)

The French Competition Authority orders interim measures to address competition concerns in the public radio broadcasting sector (TDF)
French Competition Authority (Paris)
The Conseil de la concurrence observes the end of TDF’s monopoly on broadcasting programmes for Radio France and imposes interim measures.* In a decision dated 1st December 2003, the Conseil de la concurrence imposed interim measures against TDF. The measures were intended to ensure that the (...)

The Netherlands Competition Authority imposes an obligation to offer advertising services and support in the area of transport and delivery at competitive prices to companies which wish to enter the regional daily newspaper market in Southeast Gelderland (Wegener Daily Newspapers)
Netherlands Authority for Consumers & Markets (The Hague)
NMa Sets Conditions for Wegener Daily Newspapers in Gelderland* Wegener may not increase the prices of the company’s daily newspapers in Gelderland more than in the rest of the country. The regional editions of De Gelderlander must be maintained and Wegener must support new entrants. The (...)

The French Competition Authority decides not to pursue proceedings against French TV for alleged failure to adhere to injunctions (Canal plus)
French Competition Authority (Paris)
Adherence to injunction : non-suit in Canal Plus case* Following a dual referral by the Minister of Economy and the companies Multivision and TPS concerning Canal Plus’ failure to adhere to injunctions issued against it by the Paris Court of Appeal on 15th June 1999, the Conseil de la (...)

The French Competition Authority grants interim measures on the pay-TV market (Multivision and TPS)
French Competition Authority (Paris)
Referral and request for interim measures filed by the companies Multivision and TPS, concerning certain practices implemented by the companies Canal Plus and Kiosque* On 9th January 2001, the companies Multivision et TPS submitted a referral to the Conseil de la concurrence, accompanied by a (...)

The French Competition Authority fines TV channel for implementing market share discounts practices in the sales of television advertising space sector (TF1 / Canal plus)
French Competition Authority (Paris)
Practices of market share discounts in the sector for sales of television advertising space : the Conseil de la concurrence sanctions TF1* In a decision dated 13th February 2001, following a request from the company Canal Plus, the Conseil de la concurrence ruled on the practice of market (...)

Mergers

The Croatian Competition Authority clears a merger in the pay television transmission services market (Slovenia Broadband / Tele2)
Croatian Competition Agency (Zagreb)
Slovenia Broadband and Tele2 merger approved* In the assessment procedure of the concentration between the undertakings Slovenia Broadband and Tele2 the CCA took into account all relevant facts, the results of the legal and economic analysis and the effects of the vertical concentration on (...)

The French Competition Authority clears a merger in the newspaper market (Groupe Nice Matin / NJJ)
French Competition Authority (Paris)
The Autorité de la concurrence clears the acquisition of Groupe Nice Matin by NJJ, controlled by Xavier Niel* The Autorité de la concurrence examined the acquisition of sole control of the Nice Matin newspaper group (GNM), which publishes the Nice-Matin, Var-Matin and Monaco-Matin newspapers, by (...)

The EU Commission clears a merger subject to remedies in the market of telecommunications and TV broadcasting (Telia / Bonnier Broadcasting)
DG COMP (Brussels)
Mergers: Commission clears Telia’s acquisition of Bonnier Broadcasting, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Bonnier Broadcasting by Telia. The approval is conditional on full compliance with a commitments (...)

The OECD holds a roundtable on vertical mergers in the technology, media and telecom sector
OECD - Competition Division (Paris)
Vertical mergers are increasingly becoming a focus of attention in the antitrust sphere, due to a number of recent concentration operations among large vertically related companies in the technology, media and telecom industries. While traditionally presumed as pro-competitive, vertical mergers (...)

The US Court of Appeals for the D.C. Circuit upholds a district Court decision finding a merger in the video distribution sector unlikely to harm competition (AT&T / Time Warner)
McDermott Will & Emery (Washington)
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McDermott Will & Emery (Washington)
“[T]here is no need to opine on the proper legal standards for evaluating vertical mergers because, on appeal, neither party challenges the legal standards the district court applied.” —U.S. Circuit Judge Judith W. Rogers, United States v. AT&T Inc. Antitrust practitioners and business (...)

The U.S. Court of Appeals in Washington D.C. finds that the government has not proved that a merger between video distribution companies would substantially lessen competition or tend to create a monopoly (AT&T / Time Warner)
Wolters Kluwer (Riverwoods)
Justice Department Unable to Overturn Decision Allowing AT&T Merger with Time Warner* The U.S. Court of Appeals in Washington, D.C. last week concluded that the government failed to prove that the combination of AT&T Inc. and Time Warner Inc. would violate Sec. 7 of the Clayton Act. A (...)

The French Competition Authority re-examines and eases merger remedies made by a leading pay TV provider (Canal+ International)
French Competition Authority (Paris)
Pay TV in French overseas departments and regions* The Autorité de la concurrence has re-examined the commitments made by Canal+ International as part of the take-over of Mediaserv (now Canal+ Telecom) in 2014. Certain obligations have been maintained to preserve the competitive dynamic. (...)

The Mexican Competition Authority clears a merger in the entertainment industry subject to structural remedies (Disney / Fox)
Mexican Competition Authority (Mexico City)
Clarification on Disney/Fox transaction* Mexico City, February 6, 2019.- In August 2018, the Walt Disney Company (Disney) and Twenty-First Century Fox (Fox) notified, both the Federal Economic Competition Commission (COFECE or Commission) and the Federal Institute for Telecommunications (...)

The Irish Competition Authority clears a merger subject to remedies in the media sector (Reach / Northern / Shell Network)
Irish Competition Authority (Dublin)
CCPC clears media merger subject to confidentiality commitments* Following an extensive two-phase investigation, the Competition and Consumer Protection Commission (CCPC) has cleared, subject to binding commitments, the acquisition by Reach Plc (Reach) (formerly Trinity Mirror Plc) of Northern (...)

The EU Commission clears a merger subject to remedies in the global media market and rejects a referral request by the Polish Competition Authority (Discovery / Scripps)
DG COMP (Brussels)
Mergers: Commission approves Discovery’s acquisition of Scripps, subject to conditions; rejects referral request by Polish competition authority* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Scripps by Discovery, both US based global media (...)

The French Competition Authority conducts for the first time an investigation into an online platform merger and clears it subsequently (Axel Springer / Concept Multimédia)
French Competition Authority (Paris)
For the first time, the Autorité de la concurrence has examined the merger of two online platforms. After an in-depth examination, the Autorité unconditionally clears the acquisition of Concept Multimédia (Logic-Immo.com) by the Axel Springer Group (SeLoger.com)* Parties to the transaction On (...)

The EU General Court annuls a Commission’s conditional merger clearance in the audiovisual sector (Liberty Global / Ziggo)
Van Bael & Bellis (Brussels)
On 26 October 2017, the General Court annulled the European Commission’s conditional merger clearance decision in Liberty Global/Ziggo. The Commission had approved the acquisition of Ziggo by Dutch rival cable TV operator Liberty Global in 2014, subject to extensive conditions including the (...)

The EU General Court orders fresh review of a merger (Liberty Global / Ziggo)
Dechert (Brussels)
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Dechert (Brussels)
The EU lower court has overturned a 2014 merger clearance by the European Commission (EC) following an appeal by a third party. Overturning the clearance does not mean that the deal is now prohibited. Instead, the case goes back to the EC, and the parties have to re-notify. At best this is (...)

The EU General Court sets aside the Commission’s approval decision of a merger in the market for television and telecommunication services (KPN - Liberty Global / Ziggo)
Desogus Law Office (Cagliari)
By the judgment recently rendered in the KPN/Commission case , the General Court of the EU (GC) has quashed the decision previously made by the European Commission by which it gave a conditional go-ahead to the Ziggo acquisition by Liberty Global. The appeal was filed by a competitor of the (...)

The French Competition Authority clears a merger in the telecommunication and media sector (SFR / Groupe News Participation)
French Competition Authority (Paris)
The Autorité de la Concurrence clears the acquisition of Groupe News Participations by SFR Group * Parties to the operation On 6 April 2017, the SFR Group notified the Autorité de la Concurrence that it was increasing its holding in Groupe News Participations (hereafter “GNP”), thus taking sole (...)

The Australian Competition Authority publishes draft media merger guidelines
University of New South Wales (Sydney)
Australian draft media merger guidelines: a review* Background The ACCC released its draft media merger guidelines in August 2016. Given the previous merger guidelines were released in 2006, these drafts outline the first proposed changes in over ten years. Critically these guidelines come in (...)

The French Competition Authority refuses to lift the ban on exclusive broadcasting of premium sports channels pronounced against a pay TV channel (Canal Plus)
French Competition Authority (Paris)
The Autorité de la concurrence considers that the conditions are not currently satisfied to lift the ban on exclusive broadcasting of premium sports channels pronounced on Canal Plus. * The Autorité will engage, during the upcoming twelve months, in an in-depth work in dialogue with all the (...)

The French Competition Authority clears a merger in the market of production of programmes broadcast on television (Newen / TF1 / FIFL)
French Competition Authority (Paris)
THE AUTORITÉ DE LA CONCURRENCE CLEARS THE ACQUISITION OF JOINT CONTROL OF NEWEN BY TF1 AND FIFL* On 27 November 2015, TF1 and FIFL notified the Autorité de la concurrence of the acquisition of joint control of the FLCP (Fabrice Larue Capital Partners) Group, for which the principal company, (...)

The Belgian Competition Authority fines an undertaking for impeding a market inquiry by the late provision of information (Sanoma Media)
Belgian Competition Authority (Brussels)
The Competition College of the Belgian Competition Authority has imposed a fine of 50 000 euro on Sanoma Media Belgium because they impeded an investigation by the late provision of information* The Competition College has decided that Sanoma Media Belgium N.V. (seller) impeded by negligence (...)

The French Competition Authority clears a merger, subject to remedies in the regional daily press market (Les Journaux du Midi / La Dépêche du Midi)
French Competition Authority (Paris)
The Autorité de la concurrence clears, subject to conditions, the acquisition of Les Journaux du Midi by La Dépêche du Midi.* The La Dépêche du Midi Group is mainly active in the South/South-West of France, with the publication of the following regional daily press titles: La Dépêche du Midi, La (...)

The French Competition Authority clears a merger in the daily newspaper market (Libération and L’Express / Mr Drahi)
French Competition Authority (Paris)
The Autorité de la concurrence clears the acquisition of Libération, on the one hand, and L’Express on the other hand, by Mr. Patrick Drahi.* The Autorité de la concurrence clears the acquisition by Mr. Patrick Drahi of the daily newspaper Libération (held by NewsCo Group and PMP Holding), on the (...)

The UK Competition and Markets Authority reviews a merger remedy in the market of media related services (GTCR Canyon / Gorkana)
United Kingdom’s Competition Authority - CMA (London)
CMA consults on GTCR proposed undertaking* The CMA is consulting on a proposed undertaking in lieu of a reference in relation to GTCR’s acquisition of Gorkana Group. In April, the Competition and Markets Authority (CMA) announced it would consider in detail an undertaking proposed by GTCR (...)

The Croatian Competition Authority clears a merger in the markets of radio broadcasting and radio advertising (Nautical Centre Prgin / County Radio Šibenk)
Croatian Competition Agency (Zagreb)
CCA clears concentration between Nautical Centre Prgin and County Radio Šibenk* The CCA cleared in the first phase the acquisition of sole control of the undertaking NCP Nautički centar Prgin – Remontno brodogradilište Šibenik (NCP Nautical Centre and Shipyard) over the undertaking Županijski radio (...)

The Canadian Competition Authority clears a transaction in the media sector revealing a possible shift in the Bureau’s analytical framework for media mergers (TVA Group / Transcontinental)
Stikeman Elliott (Toronto)
MEDIA MERGERS AND THE COMPETITION BUREAU: IS THE MEDIUM THE MARKET? * The rapid growth of digital media in recent years and the simultaneous pressures on traditional media have led to a number of fascinating media transactions in which the Competition Bureau has had to confront the difficult (...)

The Finnish Competition and Consumer Authority removes commitments imposed on broadcasting companies in the context of the acquisition of a pay-TV broadcaster (TV4/MTV)
Roschier (Helsinki)
On 27 November 2008, the Finnish Competition Authority (since then the Finnish Competition and Consumer Authority, "FCCA"), conditionally approved the acquisition of pay-TV broadcaster C More Group Ab ("C More") by TV4 Ab (“TV4”). The acquisition combined the broadcasting operations of MTV Oy (...)

The EU Commission clears the acquisition of a Dutch cable TV operator by a competitor, subject to conditions (Liberty Global / Ziggo)
DG COMP (Brussels)
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DG COMP (Brussels)
,
DG COMP (Brussels)
"Liberty Global/Ziggo: Consolidation and Innovation in Telecoms"* In the midst of the telecoms consolidation wave observed in Europe and the US, the Commission’s review of Liberty Global/Ziggo highlights the risk that fixed network consolidation can pose to innovation. Even in the (...)

The French Competition Authority again conditionally clears a merger in the TV-broadcasting sector (Canal Plus / D8 and D17 TV Channels)
French Competition Authority (Paris)
The Autorité de la concurrence again clears, subject to remedies, the acquisition of D8 and D17 by Vivendi and Groupe Canal Plus.* The commitments made by GCP and Vivendi are identical to those made at the time of the 2012 clearance decision with the exception of the one related to the (...)

The Belgian Competition Authority clears a merger in the printed media sector (Editions de l’Avenir et L’Avenir Advertising / Tecteo Services Group)
Simmons & Simmons (Brussels)
Following its clearance of a merger of two Flemish newspaper groups (Corelio/Concentra, decision of 25 October 2013), the Belgian Competition Authority has had to review another proposed concentration in the printed media sector, this time in the French-speaking part of Belgium. The (...)

The Australian Competition and Consumer Commission does not oppose the proposed acquisition of media monitoring business (iSentia)
Australian Competition and Consumer Commission (Canberra)
ACCC to not oppose iSentia’s proposed acquisition of AAP’s media monitoring business The Australian Competition and Consumer Commission has announced that it will not oppose the proposed acquisition of Australian Associated Press Ltd’s media monitoring business by iSentia Pty Limited. iSentia (...)

The German Competition Authority clears the acquisition by paid TV service supplier of a minority share in TV-sports channel (Sky / Sport1 and Con­stan­tin Sport Mar­ke­ting)
German Competition Authority (Bonn)
Merger cleared - Sky may acquire a participation in Sport1* Today the Bundeskartellamt cleared the acquisition of a minority share in the sports channel Sport1 by Sky Deutschland. The transaction also involves the acquisition of a minority share in Constantin Sport Marketing GmbH (CSM) and the (...)

The French Competition Authority conditionally clears an acquisition of sole control on the pay-TV market (Mediaserv / Canal Plus Overseas)
French Competition Authority (Paris)
Subject to a number of commitments, the Autorité de la concurrence has cleared the acquisition of Mediaserv by Canal Plus Overseas, a subsidiary of the Canal Plus Group* The Autorité de la concurrence has cleared, subject to a number of commitments, the exclusive takeover by the Canal Plus (...)

The upper house of the UK Parliament proposes that Ofcom should be allocated decision-making power in mergers raising potential media plurality concerns
UEA law school - Centre for Competition Policy
Article published on Centre for Competition Policy blog. Ofcom: A Credible Solution to Bias in Media Public Interest Mergers?* On 4 February, the House of Lords Select Committee on Communications published its Report on Media Plurality proposing a number of changes to media ownership (...)

The French Competition Authority requests consultation in relation to commitments proposed for a notified acquisition in the TV-broadcasting sector (Canal Plus / D8 and D17 TV Channels)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. Canal Plus has just renotified the acquisition of D8 and D17 TV channels. The Autorité de la concurrence has decided to seek sector-specific regulators’ and market players’ views on the new draft commitments* (...)

The Russian Competition Authority clears a merger in the media sector (Ecofran)
Russian Federal Antimonopoly Service (Moscow)
FAS approved a business transaction for “ECOFRAN MARKETING CONSULTING & COMMUNICATION SERVICES COMPANY LIMITED”* On 20th January 2014, FAS Russia approved a business transaction for “ECOFRAN MARKETING CONSULTING & COMMUNICATION SERVICES COMPANY LIMITED” (included in the group of persons of (...)

The EU Commission approves an acquisition on the market for TV-broadcasting (Central European Media Enterprises / Time Warner)
Stanford University - Stanford Law School
European Commission approves the acquisition of Central European Media Enterprises by Time Warner* On 14 June 2013 the European Commission issued a press release stating that it approved Time Warner’s acquisition of Central European Media Enterprises (“CME”). According to the Commission, the two (...)

The French Competition Authority approves the implementation of an injunction after a merger in the pay TV sector (Canal Plus / TPS)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la Concurrence approves three reference offers from the Groupe Canal Plus, after amendments. The first one regulates access of independent channels to distribution services by CanalSat; the (...)

The German Competition Authority prohibits merger between cable network operators (Tele Columbus / Kabel Deutschland)
Van Bael & Bellis (Brussels)
On 22 February 2013, the German Federal Cartel Office (“FCO”) prohibited the proposed acquisition of Germany’s third-largest cable network operator, Tele Columbus GmbH (“Tele Columbus”), by the country’s biggest cable network operator, Kabel Deutschland Holding AG (“Kabel Deutschland”). (...)

The Spanish Competition Authority imposed its highest fine ever for a breach of commitments in a merger case in the TV industry (Mediaset)
Van Bael & Bellis (Brussels)
On 7 February 2013, the Spanish Competition Authority (“CNC”) imposed its highest ever fine for a breach of commitments in a merger case. The fine was imposed on Spanish television group Mediaset based on commitments it made in exchange for CNC approval of the acquisition of Cuatro by (...)

The French Council of State reduces € 30 M fine imposed on pay-TV operators for failure to comply with commitments in merger case (Vivendi / Canal Plus)
Van Bael & Bellis (Brussels)
On 21 December 2012, the French Council of State (the highest administrative court in France) reduced a fine imposed on pay-TV operators Vivendi and Canal Plus for breaching commitments entered into in the context of the conditional clearance of their acquisition of TV channels TPS and (...)

The US FTC closes investigation and clears merger in the market of commercial distribution of recorded music (Universal Music Group / EMI Music)
Cleveland University - Marshall School of Law
Federal Trade Commission Approves Universal-EMI* On September 21, 2012 the FTC announced that it had closed its investigation of Universal Music Group’s acquisition of EMI’s recorded music division. The Commission will not seek any concessions or take other action. Elsewhere I’ve written and (...)

The French Competition Authority clears, subject to conditions, a merger in the television sector (Canal Plus / Direct 8)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears the acquisition of Direct 8 and Direct Star by Vivendi and Groupe Canal Plus, subject to conditions* On 23 July 2012, the Autorité de la concurrence cleared the acquisition (...)

The Polish Competition Authority releases his report on pay television (Market for pay TV services)
European Commission (Brussels)
Poland: UOKiK’s Report on Pay Television* The current situation on the market for pay TV services in Poland has been the object of a thorough analysis by the Office of Competition and Consumer Protection (UOKiK). The outcome of this analysis has been presented in a report in August this year. (...)

The Polish Competition Authority conditionally approves a concentration in the cable TV market (UPC Polska/Aster)
Greenberg Traurig Grzesiak (Warsaw)
,
Hogan Lovells (Warsaw)
Background On 5th September 2011, the President of the Office for Competition and Consumers Protection (the «OCCP«) issued an administrative decision approving the acquisition of Aster by UPC Polska («UPC«). As a result of the merger UPC will achieve a substantial market position in the area of (...)

The Brussels Court of Appeal confirms Competition Council’s decision amending condition imposed on cable network operator’s acquisition of pay-TV provider (Telenet / Canal+)
Van Bael & Bellis (Brussels)
In a judgment of 17 May 2011, the Brussels Court of Appeal confirmed the Belgian Competition Council’s decision of 29 November 2010 amending a condition that had been imposed in 2003 on cable network operator Telenet’s acquisition of pay-TV provider Canal+. The condition in question (...)

The EU General Court upholds a Commission’s phase II merger approval in the publishing sector and rehabilitates parking arrangement (Odile Jacob)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Odile Jacob: the rehabilitation of the parking arrangement* More than six years after the case was launched, the General Court rendered its judgment in Case T-279/04, Editions Odile Jacob Sas v. Commission, relating to the appeal against a 2004 decision of the European Commission approving the (...)

The UK OFT refers an acquisition in the media images sector leading the parties to abandon the merger (Getty Images / Rex Features)
Herbert Smith Freehills (Brussels)
Introduction and background This was a transaction involving two companies (Rex Features Limited - “Rex” - and Getty Images, Inc - “Getty”) with overlapping activities in the licensing of stock and editorial images to media companies (in particular celebrity and entertainment images). The two (...)

The Swedish Competition Authority investigates a merger between to book wholesalers on specific grounds but decides to take no further action (Bonnierförlagen/Pocket Grossisten)
Vinge (Stockholm)
,
Cosmetics Europe (Brussels)
Introduction Further to a complaint from a competitor in a case that did not fall within the Swedish merger control notification thresholds, the Swedish Competition Authority decided to request the submission of a notification based on a clause in the Competition Act according to which the (...)

The German Federal Court confirms the dismissal of an appeal against a media merger prohibition (Axel Springer / ProSiebenSat.1 Media)
Rocket Internet SE
Decision In the ruling dated 8.6.2010 (KVR 4/09) the German Federal Supreme Court confirmed that the media merger between Axel Springer AG and broadcasting company ProSiebenSat.1 Media AG on in January 2006 by the German Competition Authority (Bundeskartellamt) would lead to increased (...)

The Swedish Competition Authority launches a post-merger in-depth investigation on the acquisition of a media company (Retriever)
International Air Transport Association (IATA) (Washington DC)
,
White & Case (Brussels)
On 12 May 2010, the Swedish Competition Authority announced that it was conducting an in-depth investigation concerning the acquisition of Swedish media company Retriever AB. While the competitive aspects of the case may be complex and perhaps even warrant scrutiny, the announcement served as a (...)

The Dutch Competition Authority clears an acquisition in the media sector (PCM Holding / Nieuwsmedia / Wegener)
De Nederlandsche Bank (DNB)
,
Smeets Van Empel advocaten (Amsterdam)
1. Facts and procedure On 17 July 2009 the Dutch Competition Authority (Nederlandse Mededingingsautoriteit, hereinafter "NMa") cleared the proposed acquisition of sole control over AD Nieuwsmedia B.V. (hereinafter "AD") by PCM Holding B.V. (hereinafter "PCM"). AD is and a joint-venture of PCM (...)

The EU Commission conditionally clears an acquisition in the market for production and distribution of TV programs, TV satellite and cable broadcasting (News Corp / Premiere)
JG Associates (Brussels)
,
DG COMP (Brussels)
"Mergers: main developments between 1 May and 31 August 2008"* In June a conditional approval was granted to the proposed acquisition of Germany’s pay-TV operator Premiere AG by News Corporation (News Corp) of the US. The approval was granted subject to commitments which would ensure third (...)

The EU Commission conditionally clears a merger between two global providers of financial information (Thompson / Reuters)
DG COMP (Brussels)
"The Thomson/Reuters merger investigation: a search for the relevant markets in the world of financial data"* I. Introduction On 19 February 2008, after an in-depth investigation, the Commission cleared the Thomson/Reuters merger transaction subject to commitments. The case concerns the (...)

The EU Commission conditionally clears a merger in the financial information sector (Thompson / Reuters)
JG Associates (Brussels)
,
DG COMP (Brussels)
"Mergers: main developments between 1 January and 30 April 2008"* On 19 February the Commission approved the proposed acquisition of the UK-based Reuters Group by Thomson Corporation of Canada, subject to conditions and obligations. The Commission’s in-depth investigation, opened in October (...)

The UK Competition Commission requires broadcasting group to sell down its minority stake in rival (BSkyB / ITV)
GE Healthcare(Paris)
,
McCann FitzGerald (Dublin)
Background In November 2006 BSkyB (“Sky”), the leading pay TV-provider in the UK, purchased a 17.9% stake in ITV, one of the leading commercial free to-air broadcasters in the UK. The timing of the purchase was widely commented on given that it came within days of NTL announcing a possible (...)

The French Minister of Economics clears a merger in the sector of regional press with remedies, including bundling prohibition (GHM/Lagardère)
University Paris II Panthéon‑Assas
The operation By a letter dated 7 December 2007, the French Minister of Economy, Finance, and Employment authorised the merger between two companies in the sector of daily and weekly regional press and Internet : Groupe Hersant Media (hereinafter « GHM ») and Groupe Lagardère (hereinafter « (...)

The Irish Competition Authority clears a merger in the market for radio stations subject to the divestment of a previously acquired station (Communicorp/SRH)
University of Geneva
The operation On 7 December 2007, the Irish Competition Authority (ICA) cleared the acquisition of three radio stations of Scottish Radio Holdings (SRH) by Communicorp subject to remedies. Communicorp’s main business interests are in radio broadcasting in Ireland as well as Eastern and (...)

The Latvian Competition Council clears an acquisition in the market of licensing of pay TV channels and licensing of movies and broadcasts for home entertainment (Sparrowhawk Holdings / Universal Pictures Holdings)
Kronbergs & Čukste
On October 31, 2007, the Latvian Competition Council adopted a decision clearing the acquisition of Sparrowhawk Holdings Limited (hereafter the “Sparrowhawk”) by Universal Pictures Holdings UK Limited (hereafter the “Universal”) pursuant to Article 15 of the Latvian Competition Law. Universal is a (...)

The European Commission conditionally clears a merger in the book publishing industry (Egmont/Bonnier Danish books)
JG Associates (Brussels)
,
DG COMP (Brussels)
"Mergers: Main developments between 1 September and 31 December 2007"* On 15 October the Commission cleared the proposed acquisition of the Danish book publishing company Bonnier Forlagene A/S, belonging to the Swedish media group Bonnier, by Egmont of Denmark, also a media group. The (...)

The French Minister of Economy sets out principles for the assessment of competition in markets that use Internet as media and conditionally clears in phase I a merger in the market for online classified advertisement (Spir / Schibsted)
RBB Economics (Brussels)
Introduction On 10 September 2007 the French Minister of Economy, Finances and Employment (hereafter the “Minister”) cleared the creation by Spir Communication and Schibsted ASA of a jointly owned company, subject to behavioural commitments (Decision C2007/19, hereafter “the Decision”). The new (...)

The French Minister of Economy clears in Phase I with behavioural commitments a merger in the Internet classified advertisements market (Spir Communication / Schibsted)
University Paris II Panthéon‑Assas
The operation By a letter of 10 09 2007, the Minister cleared in phase I a merger between Spir and Schibsted compagnies. It created a jointly owned compagny between the notifying parties. The new company controls both parties’ activities in the sector of classified advertisements for the sale of (...)

The Norwegian Media Authority blocks a merger cleared by the Norwegian Competition Authority subject to remedies (Media Norge)
Brown Brothers Harriman (BBH) (Luxembourg)
Norwegian Competition Authority ( Konkurransetilsynet), 12 June 2007, Press release, Conditions for Media Norge Merger (English) Norwegian Competition Authority ( Konkurransetilsynet), 25 April 2007, Press release, Possible intervention against Media Norge merger (English) Norwegian Media (...)

The Austrian Federal Competition Authority conditionally clears a regional press merger (Moser/Oberösterreichische Rundschau)
Imperial College Business School (London)
The operation The Oberösterreichische Rundschau Gruppe (OÖ Group) publishes several weekly newspapers in Upper Austria. Moser Holding AG (Moser) is not yet active in the region but does publish the weekly freesheet "Bezirksblätter" in several regions, some of them bordering Upper Austria. The (...)

The UK Government refers a media merger to the Competition Commission finding that the proposed transaction could raise substantial issues concerning the plurality of news provision for both cross-media and television news (BSkyB/ITV)
The Bar of Ireland - The Law Library
Competition Commission, 24 May 2007, British Sky Broadcasting plc. / ITVplc. Inquiry Summary On 24 May 2007, the UK government referred the proposed acquisition by British Sky Broadcasting Group (“BSkyB”) of a 17.9% stake in ITV plc (“ITV”) to the UK Competition Commission. Alistair Darling, (...)

The Icelandic Competition Authority clears a merger in the retail market for books and stationery items subject to restrictions on marketing and sales (DM/Dreifingarmidstodin)
PwC (Reykjavik)
The operation On 27 April 2006, Penninn hf. notified the Icelandic Competition Authority (ICA) that it had acquired two bookstores, Bokaverslun Jonasar Tomassonar (BJT) and Bokaverslun Andres Nielsson (BAN). In its review the ICA noticed that in 2005 DM had bought Dreifingarmidstodin. DM and (...)

The Portuguese Competition Authority clears a merger in the market for telecommunication and media subject to remedies related to fixed and mobile networks activities and to media and contents activities (Sonaecom/PT merger)
PLMJ (Lisbon)
The operation The operation consisted in a merger resulting from a takeover bid launched by SONAECOM, SGPS, S.A. (Sonaecom) over PORTUGAL TELECOM, SGPS, S.A. (PT). Sonaecom is a sub-holding of the SONAE group and operating in the telecommunication, Internet and media areas, especially in the (...)

The Hungarian Competition Authority clears a merger in the sector of TV broadcasting subject to non-discrimination obligations (Chellomedia/Sport1 Zrt)
Lakatos, Köves & Partners (Budapest)
The operation Chellomedia is the member of the Liberty group, which is owned by the Liberty Global Inc. and provides media services worldwide. Sport1 Zrt. was established by undertakings belonging to the Liberty group, however, the 75 per cent of the shares were sold. Thus, Chellomedia became (...)

The Hungarian NCA clears a merger in the TV markets subject to non-discriminative broadcasting conditions (Sport1 - Chellomedia Programing)
Lakatos, Köves & Partners (Budapest)
The operation Chellomedia is the member of the Liberty group, which is owned by the Liberty Global Inc. and provides media services worldwide. Sport1 Zrt. was established by undertakings belonging to the Liberty group, however, the 75 per cent of the shares were sold. Thus, Chellomedia became (...)

The French Minister of Economics conditionally clears a merger in the markets of free newspapers (SPIR / S3G)
University Paris II Panthéon‑Assas
The operation By a letter dated 31 May 2006, the French Minister of Economy, Finance, and Employment authorizes the merger between Spir Communication SA (Spir) and the Société des Gratuits de Guyenne et Gascogne SA (S3G). The merger created a joint-venture, “S3G Com”, running the publication of (...)

The Italian Competition Authority clears a merger in the media and telecommunications sectors subject to behavioural remedies, including granting of non discriminatory access to the broadcasting network (Reti Televisive Italiane/Ramo Di Azienda di Europa TV)
Clifford Chance
,
Chiomenti (Rome)
The operation On 10 April 2006 the Competition Authority cleared with conditions the acquisition of some assets of the broadcasting network Europa TV S.p.A. (Europa TV), owned by Holland Coordinator & Service Company Italia S.p.A. (71%) and TF1 SA (29%), by R.T.I. Reti Televisive Italiane (...)

The Spanish Competition Authority clears with divestments a merger in the radio sector but the Council of Ministries reduced the extent of the remedies (Unión Radio / Antena 3 Radio)
PwC (Madrid)
The operation The proposed merger was the acquisition of Antena 3 Radio by Unión Radio. Antena 3 Radio was a company operating 93 radio stations in Spain. The main shareholders of Antena 3 Radio were Inversiones Godó (64.6%) and Paltrieva (24.8%). Unión Radio was a company that managed radio (...)

The UK Office of Fair Trading clears a merger in the radio sector in Phase I without reference to the Competition Commission while accepting local asset divestment (Capital Radio/GWR Group)
University College London
The operation Capital Radio and GWR Group are commercial radio groups operating in the UK. Capital proposed acquiring the whole of GWR’s issued share capital (para. 1, 2 and 4). The market(s) The OFT assessed the effects of the merger in relation to the provision of (i) radio advertising both (...)

The Irish Competition Authority clears in phase II a merger in the market for radio broadcasting subject to remedies, including the divestment of an equity stake in a radio station and discontinuation of joint selling arrangements (Scottish Radio Holdings / FM 104)
University of Geneva
The operation On 23 October 2004 the acquisition by Scottish Radio Holdings (SRH) of Capital Radio Productions Limited (CRPL) was notified to the Irish Competition Authority (ICA). SRH is active in the radio and publishing business in the UK and the Republic of Ireland, where it owns national (...)

The EU Commission approves a Spanish joint venture in the media sector (Prisa / Polestar)
JG Associates (Brussels)
,
DG COMP (Brussels)
"Merger Control: Main developments between 1st September 2003 and 31st December 2003"* In December the Commission approved a proposed Spanish joint venture, which will bring together the printing activities of Spanish media group Prisa and those of British graphic arts company Polestar. On 6 (...)

The Czech Competition Office clears a merger in the TV broadcasting and TV advertising markets subject to maintenance of third parties access under existing business terms and conditions (PPF / Nova Holding)
Clifford Chance (Prague)
The operation In merger concerned, PPF (CYPRUS) LIMITED ("PPF"), and three individuals acquired joint control over NOVA HOLDING, a.s. ("Nova Holding") under a shareholders agreement, which followed the share purchase agreement and the related agreement on transfer of rights and obligations (p. (...)

The EU Commission refuses the request of the French authorities for the partial referral of a merger case in the publishing edition in France (Vivendi Universal Publishing/Lagardere)
DG COMP (Brussels)
,
JG Associates (Brussels)
,
DG COMP (Brussels)
"Merger control: main developments between 1st May and 31st August 2003"* On 14 May 2003, the French authorities lodged an application asking that the planned acquisition of Vivendi Universal Publishing (VUP) by the French conglomerate Lagardère be referred to them under Article 9 of the Merger (...)

The OECD holds a roundtable on media mergers
OECD - Competition Division (Paris)
Executive summary, by the Secretariat Considering the discussion at the roundtable, the delegate submissions and the background paper, a number of key points emerge: (1) Market definition in media markets is a particularly difficult and time consuming exercise. Nevertheless, market definition (...)

The EU Commission gives the green light to the merger between the two existing satellite pay-TV platforms in Italy subject to a complex package of conditions (Newscorp / Telepiù)
DG COMP (Brussels)
"The Commission closes probe into pay-TV industry in Italy approving Newscorp/Telepiù merger deal"* On 2 April 2003, after an in-depth investigation, the Commission gave the green light to the merger between the two existing satellite pay-TV platforms in Italy subject to a complex package of (...)

The Netherlands Competition Authority approves an acquisition on the domestic market for cable connections (Carlyle en Providence / Casema)
Netherlands Authority for Consumers & Markets (The Hague)
NMa Approves Acquisition of Casema by Carlyle and Providence* The Netherlands Competition Authority (NMa) approved on 23 December 2002 the acquisition of Casema Holding B.V. by The Carlyle Group LLC and two funds of the Providence Equity group. These investors do not have any cable or media (...)

The Netherlands Competition Authority approves conditionally plans for cost savings at two daily newspapers (BN De Stem / Provinciale Zeeuwse Courant)
Netherlands Authority for Consumers & Markets (The Hague)
NMa Gives Conditional Approval to Wegener’s Plans for Daily Newspapers in Zealand Flanders* The Netherlands Competition Authority (NMa) has agreed conditionally to the plans of Wegener N.V. for cost savings at the daily newspaper BN/De Stem and Provinciale Zeeuwse Courant. Wegener is required (...)

The EU Court of First Instance annuls the Commission decision in a merger case which attempted to retroactively modify the original assessment on the ancillary restrictions (Lagardere / Canal Plus)
DG Economic and Financial Affairs (ECFIN) (Brussels)
,
DG COMP (Brussels)
,
DG GROW (Brussels)
"Merger Control: Main developments between 1st September 2002 and 31st December 2002"* The main interest of this judgment lies in its impact on the interpretation of the Merger Regulation with regard to ancillary restraints. The Court held that contractual clauses which constitute restrictions (...)

The Netherlands Competition Authority decides that an in-depth investigation is necessary into the proposed takeover on the market for cable connections (Casema / Liberty Media)
Netherlands Authority for Consumers & Markets (The Hague)
NMa To Investigate Merger Liberty - Casema Further* The Netherlands Competition Authority (NMa) has decided that an in-depth investigation is necessary into the proposed takeover of Casema Holding B.V. by the American cable and media company, Liberty Media Corporation. At present, Liberty (...)

The Italian Competition Authority conditionally clears a merger in the media sector (Groupe Canal+ / Stream)
Clifford Chance
,
Chiomenti (Rome)
The operation On 13 May 2002, the Competition Authority approved with conditions the acquisition by Group Canal+ (Canal+) of Stream S.p.A. (Stream) by way of purchase of shares. Canal+ is solely controlled by the French group Vivendi Universal. Canal+ is active in the production, distribution (...)

The German Competition Authority clears a merger in the online travel agency industry (T-Online / Bild.de)
European Court of Justice (Luxembourg)
,
DG Economic and Financial Affairs (ECFIN) (Brussels)
"Internet Joint Ventures and the Quest for Exclusive Content: The T-Online Cases"* Introduction EC and national competition law issues arising from the marketing of ‘premium’ content, such as travel services and sports news, via the Internet were at the centre of several recent competition (...)

The German Competition Authority finds that planned acquisition was prone to strengthen dominant positions in the supply market for broadcasting signals to final customers (TeleColumbus / Liberty Media)
German Competition Authority (Bonn)
Bundeskartellamt issues warning regarding the planned Liberty Media/TeleColumbus GmbH merger* According to the preliminary assessment of the Bundeskartellamt, the planned acquisition by Liberty Media of subsidiaries of TeleColumbus GmbH would, so far as these are active in the territory of (...)

The US FTC imposes a host of conduct remedies, regulating business operations and reporting obligations, to prevent the exclusion of other competitors resulting from a vertical merger in the internet and cable industries (AOL / Time Warner)
Wachtell Lipton Rosen & Katz (New York)
,
Hogan Lovells (Washington)
AFTER THE PUBLICATION OF OUR article, Antitrust Review of New Economy Acquisitions, in the Fall 2000 issue of this magazine, the federal antitrust authorities continued to leave their mark on the developing new economy. Two subsequent consent decrees—AOL-Time Warner and WorldCom-Intermedia— (...)

The Italian Competition Authority clears a merger in the media sector with behavioural remedies, including the granting of non-discriminatory access (Seat Pagine Gialle / Cecchi Gori Communications)
Clifford Chance
,
Chiomenti (Rome)
The operation On 23 January 2001, the Competition Authority authorized with conditions the acquisition by Seat Pagine Gialle S.p.A. of Cecchi Gori Communications S.p.A. by way of purchase of shares. SEAT Seat Pagine Gialle S.p.A. (SEAT) is an Italian company belonging to the Telecom Italia (...)

The EU Commission approves a merger between French and Canadian companies in the broadcasting industry (Vivendi / Canal Plus / Seagram)
European External Action Service (Brussels)
,
Financial Conduct Authority (London)
,
DG COMP (Brussels)
"Merger Control: main developments between 1st September 2000 and 31st December 2000"* In October, the Commission approved the acquisition by French telecommunications and media company Vivendi and its subsidiary Canal+ of Canada’s Seagram. The transaction significantly affected three markets, (...)

The EU Commission clears a merger in the entertainment industry creating the first vertically-integrated Internet content provider (AOL / Time Warner)
Conseil Régional de Midi-Pyrénées
"The Commission’s review of the media merger wave"* The media industry involves a wide and diversified set of activities vertically related. Indeed, different players such as content providers, rights holders and content distributors all operate in the value chain from the production of content (...)

The EU Commission acknowledges the withdrawal of an acquisition in the music industry (EMI / Time Warner)
Conseil Régional de Midi-Pyrénées
"The Commission’s review of the media merger wave"* The media industry involves a wide and diversified set of activities vertically related. Indeed, different players such as content providers, rights holders and content distributors all operate in the value chain from the production of content (...)

The Spanish Supreme Court annuls a decision authorizing a merger on grounds other than competition law (Antena 3 de Radio / Sociedad Española de Radiodifusión / Sociedad de Servicios Radiofónicos Unión Radio)
Cuatrecasas, Gonçalves Pereira
,
Cuatrecasas, Goncalves Pereira (Madrid)
On June 9, 2000, the Spanish Supreme Court annulled, on other grounds than competition law, the Spanish Council of Ministers’ decision of May 20, 1994 (“the Decision”) to not oppose a merger involving transferring part of Antena 3 Radio, SA (“A3”) and Sociedad Española de Radiodifusión, SA (“SER”) (...)

The Slovak Competition Office approves a merger in the press sector suject to divestments (Versus/Danubiaprint)
Čechová & Partners (Bratislava)
The operation By a decision dated 25 04 2000, the Antimonopoly Office of the Slovak Republic authorized the acquisition of the exclusive control of the company VERSUS over the part of the undertaking Danubiaprint, consisting in a purchase of the printing devices of Danubiaprint on the vendue (...)

The EU Commission authorizes the creation of joint venture in the publishing industry (BOL Spain/Bertelsmann/Planeta Corporación)
European Commission (DG NEAR)
"Commission authorises creation of joint venture BOL Spain by Bertelsmann AG and Planeta Corporación S.R.L."* The European Commission has cleared the concentration between Bertelsmann AG and Planeta Corporación S.R.L. Through this operation the parties will obtain joint control over Books (...)

The EU Commission approves a merger between two leading professional publishers (Wolters Kluwer / Reed Elsevier)
European Commission - DG TRADE (Brussels)
,
DG COMP (Brussels)
"Mergers Recent important decisions" The proposed merger of Wolters Kluwer and Reed Elsevier was notified to the Commission on 10 November 1997. After initial examination it was concluded that the operation gave rise to serious competitive concerns in a number of national markets for (...)

State Aids

The French State Council concludes that three taxes assigned to an undertaking in the audiovisual and multimedia sector cannot be regarded as an integral part of an aid scheme on the basis that they represent a growing share of revenue which is not considered as having directly influenced the amount of aid granted (National Center for Cinema & Moving Image)
France Télévisions
The junction between the financing of cinema and audiovisual media and State aid law is at the origin of a case which, initially supposed to revolve around the notion of "alteration to existing aid", has come, after a contentious detour, to clarify what constitutes a tax measure hypothecated to (...)

The EU Court of Justice assesses that an increase of 20% in a tax inseparably linked with a State aid measure have to be notified to the Commission (Carrefour Hypermarchés / Ministre des Finances et des Comptes Publics)
College of Europe (Bruges)
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Court of Justice rejects an appeal concerning a Spanish aid measure in favour of a public broadcaster, finding that the amount of aid granted did not depend solely on the amount of tax paid by the appellants (DTS)
College of Europe (Bruges)
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU General Court upholds a Commission decision finding that a Danish aid scheme in favour of the print media sector is compatible with the internal market (Søndagsavisen)
College of Europe (Bruges)
* Article published on StateAidHub (click here), republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no relationships (...)

The EU Court of Justice rules that the national courts dealing with a case of recovery of illegal state aid may not disregard the statement of position made by the Commission in the relevant decision (Mediaset)
College of Europe (Bruges)
Article published on Lexxion State Aid Blog The Role of National Courts in Recovery of Incompatible State Aid* Introduction In December I examined the judgment in the case of Lufthansa v Frankfurt-Hahn, which laid down certain obligations for national courts whenever they are petitioned to (...)

The Court of Justice of the EU rules that under article 4(3) TEU a national court must take into account the Commission’s statements of position on the meaning and consequences of a Commission Decision (Mediaset)
Blackstone Chambers (London)
“What’s in a Commission Decision?” and other lessons for national courts* In a decision of 13 February 2014, the Court of Justice of the European Union (“CJEU”) added a little gloss to an otherwise well-trodden path in relation to the binding aspects of a Commission Decision. For instance, it is (...)

The European Commission orders France to repay the full amount of the parafiscal tax on advertisements broadcast on sound radio and television following the Court of Justice judgment that invalidated the State aid scheme (Official communication)
Direction générale des finances publiques (DGFIP)
This article is an official communication from the French Public Finances General Directorate, published at the Legal Department-Taxation request. It concerns the reimbursement of the parafiscal tax that unlawfully financed State aid scheme no. C 4/2009 (ex N 679/1997). The title is from the (...)

The European Court of Justice rules on two state aids in the books distribution sector holding that their twenty-year duration is not an “exceptional situation” under European law (CELF, SIDE)
Cleary Gottlieb Steen & Hamilton (Brussels)
Court of Justice: A twenty-year duration of a State aid case does not amount to an “exceptional situation” under the State aid rules.* On March 11, 2010, the Court of Justice of the European Union (the “ECJ”) rendered a judgment (preliminary ruling) in response to two State aid questions referred (...)

The Portuguese Competition Authority recommends that the Regional Government of Madeira notify to the EU Commission State aid granted to a newspaper editor (Jornal da Madeira)
DLA Piper (Lisbon)
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Pares Advogados (Lisbon)
On 29 July 2009 the Portuguese Competition Authority issued a recommendation addressed to the Regional Government of the Archipelago of Madeira urging the notification to the European Commission of financial support amounting to € 23,4 million granted until 2007 to Jornal da Madeira, a newspaper (...)

The EU Commission revises its communication on State aid and public service broadcasting
DG COMP (Brussels)
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DG COMP (Brussels)
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DG COMP (Brussels)
"The 2009 Broadcasting Communication"* On 2 July 2009 the Commission revised its 2001 Communication on State aid and public service broadcasting. After three public consultations, the revised Communication clarifies the legal framework for the expansion of public service broadcasters onto new (...)

The French State Council orders stay in proceedings regarding the recovery of unlawful aid in the CELF case and refer to the ECJ the question of the extent of the national courts’ obligation in such "exceptional circumstances" (CELF II)
Sheppard, Mullin, Richter & Hampton (Brussels)
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European Court of Justice (Luxembourg)
Factual background CELF is a cooperative society in public limited company form and operates as an export agent. It aims to process orders from abroad and from the French overseas territories and departments for books, brochures and any communication media and, more generally, to perform (...)

The Austrian Supreme Court rules that an advantage is qualified as an existing State aid measure under a Art. 87 EC would be considered permissible as long as the EU Commission agreed (Newspaper cross-financing, Wiener Zeitung II)
Salzburg University
On 10 June, 2008, the Austrian Supreme Court ruled that the view according to which an advantage that may qualify as an existing state aid measure under Article 87 EC may be considered permissible as long as the Commission has not declared this advantage as being incompatible with the Common (...)

The German Administrative Court of Appeal for Baden-Württemberg rules that a tax payer who refuse to pay cannot base its claim upon an alleged infringement of EC State aid rules (Rundfunkgebühr 1)
Delegation of the European Union to the United States (Washington D.C.)
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European Commission (Brussels)
Brief description of the facts and legal issues The Baden-Württemberg administrative court of appeal holds that a tax payer, refusing to pay a radio tax, cannot base its claim upon an alleged infringement of EC State aid rules by the German radio financing system. This broadcasting tax is part (...)

The European Commission rules that the existing aid granted by Ireland to public service broadcasters is no longer compatible with the EC State aid rules (RTE, TG4)
DG COMP (Brussels)
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DG COMP (Brussels)
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DG COMP (Brussels)
"Funding of public service broadcasting and State aid rules - two recent cases in Belgium and Ireland"* I. Introduction The present article illustrates the Commission’s State aid assessment practice concerning funding for public service broadcasters on the basis of two recent cases which were (...)

The European Commission conditionally approves State aid granted by Belgium to a public service broadcaster (Flemish public broadcaster VRT)
DG COMP (Brussels)
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DG COMP (Brussels)
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DG COMP (Brussels)
"Funding of public service broadcasting and State aid rules - two recent cases in Belgium and Ireland"* I. Introduction The present article illustrates the Commission’s State aid assessment practice concerning funding for public service broadcasters on the basis of two recent cases which were (...)

The French Council of State upholds the judgment of the Court of Appeal of Douai on unlawful State aid concerning a tax on publicity expenses allocated to finance the press sector (ATAC)
Sheppard, Mullin, Richter & Hampton (Brussels)
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European Court of Justice (Luxembourg)
Factual Background Atac is an undertaking selling advertising spaces inside free newspapers. The claimant requested the recovery of a tax imposed on certain commercial expenses as set out by Article 302 bis of the Tax code. At first instance, the administrative tribunal of Lille held that the (...)

The French Council of State refers to the ECJ for preliminary ruling on the extent of the recovery obligation of an unlawful aid later declared compatible by the Commission (CELF I)
Sheppard, Mullin, Richter & Hampton (Brussels)
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European Court of Justice (Luxembourg)
Factual background CELF is a cooperative society in public limited company form and carries on the activity of export agent. Its aims are to process directly orders for abroad and the French overseas territories and departments for books, brochures and any communication media and, more (...)

The EU Commission decides to open formal investigation proceedings on the subsidy provided by Italy to consumers buying a certain type of decoders allowing the view of digital television programs
European Commission - DG MOVE
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DG Economic and Financial Affairs (ECFIN) (Brussels)
"State aid to digital decoders: proportionality is needed to meet common interest"* 1. Introduction In December 2005 the Commission decided to open formal investigation proceedings on the subsidy provided by Italy to consumers buying a certain type of decoders allowing the view of digital (...)

Procedures

The US Supreme Court issues a decision limiting the circumstances under which a federal agency may be compelled to disclose confidential information the agency received from a private party (Food Marketing Institute / Argus Leader Media)
Cleary Gottlieb Steen & Hamilton (Washington)
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Cleary Gottlieb Steen & Hamilton (Washington)
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Cleary Gottlieb Steen & Hamilton (Washington)
On June 24, 2019, the Supreme Court of the United States issued an important decision limiting the circumstances under which a federal agency may be compelled to disclose “confidential” information the agency received from a private party, and which the agency seeks to withhold under the Freedom (...)

The EU Court of Justice rules on the scope of a national limitation period in light of the Damages Directive (Sport TV / Cogeco)
Van Bael & Bellis (Brussels)
On 28 March 2019, the Court of Justice of the European Union (“ECJ”) ruled on a preliminary reference from a Portuguese court on the scope of the Portuguese limitation period in light of Directive 2014/104 on certain rules governing actions for damages under national law for infringements of the (...)

The Canadian Competition Bureau provides guidance on influencer marketing, made in Canada claims and savings claims
Steve Szentesi Law Corporation (Vancouver)
New Competition Bureau Guidance on Influencer Marketing, Made in Canada Claims and Savings Claims* The Competition Bureau (Bureau) has published the fourth volume of its Deceptive Marketing Practices Digest (Marketing Digest), which provides guidance from the Bureau on influencer marketing, (...)

The EU Court of Justice receives the first preliminary ruling request on the applicability of the EU Damages Directive (Cogeco / Sport TV Portugal)
Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
A Portuguese court (Tribunal Judicial da Comarca de Lisboa) has referred the first preliminary ruling request on Directive 2014/104 ("the EU Damages Directive") to the Court of Justice of the EU. The reference of the case is C-637/17. The main question referred by the Portuguese court aims at (...)

The Irish Competition Authority and National Consumer Agency welcomes the publication of the Competition and Consumer Protection Bill which will merge the two organisations to form the Competition and Consumer Protection Commission
Irish Competition Authority (Dublin)
Competition Authority and National Consumer Agency welcome publication of the Competition and Consumer Protection Bill* The Competition Authority and National Consumer Agency today welcomed the publication of the Competition and Consumer Protection Bill which will merge the two organisations (...)

The US Supreme Court overturns class certification, upholdding Rule 23 “rigorous analysis” (Comcast / Behrend)
DLA Piper (Washington)
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GeyerGorey (Washington)
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DLA Piper (Dallas)
Comcast v. Behrend: Supreme Court overturns class certification, upholds Rule 23 “rigorous analysis”* In Comcast Corp. et. al. v. Behrend, et. al., the Supreme Court of the United States, in a 5-4 decision written by Justice Antonin Scalia, reaffirmed the Court’s recent holding in Wal-Mart v. (...)

The US Supreme Court applies class certification’s rigorous analysis also to causation and damages (Comcast / Behrend)
Cohen Milstein (Washington)
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Cohen Milstein (New York)
Plaintiff cable TV subscribers asserted Sherman Act conspiracy and monopolization claims, alleging that certain so-called “clustering transactions” that had the effect of reducing competition for cable television services in the Philadelphia region were agreements in restraint of trade. In (...)

The UK Ofcom publishes its report on measuring media plurality
University of East Anglia (Norwich)
Article published on Centre for Competition Policy blog. Ofcom’s Report on Measuring Media Plurality – The Outstanding Questions* On 19 June, Ofcom published its report on the future of the media plurality rules. The process began in October last year, with the Culture Secretary, Jeremy Hunt (...)

The College of Prosecutors of the Belgian Competition Council decides that consumers are competent to ask for interim measures but rejects their request (Telenet)
European Commission (Brussels)
Belgium: The Telenet Case: Consumers and Interim Measures In its decision of 27 September 2010, the competition prosecutor has decided that consumers are competent to ask for interim measures when they are the victim of restrictive practices. The request for interim measures against Telenet (...)

The Paris Court of Appeals applies the EU "harmless error rule" in a commitment procedure where a party has been denied full access to the French Competition Authority’s file (Canal 9)
Jones Day (Paris)
The harmless error rule and the French commitment procedure* Merely one month before the ECJ delivered its very expected judgment in the Alrosa case, a ruling of the Paris Court of Appeals confirmed that the exercise of the rights of the defense in commitment procedures raises delicate issues (...)

The Greek Competition Authority adopts new forms for post-merger notification and registration of agreements both for purposes of mapping the market
European Commission (Brussels)
Greece: New Notice on Enforcement Priorities and Adoption of new Forms On 27 November 2009, the HCC adopted revised Forms for (a) post-merger notification and (b) the registration of agreements, both for purposes of mapping the market (as defined in articles 4a and 21 of Law 703/77 (...)

A Portuguese Court of Commerce declares as partially extinct the infringement procedure against owner of a television channel and cable television operator which gave rise to the imposition of a € 3 M fine (PT Multimédia, CATVP and SIC)
Samsung (Lisbon)
On 10 August 2007, the Lisbon Court of Commerce (Court) declared as partially extinct the infringement procedure regarding SIC (owner of a Portuguese private television channel), PT Multimédia and TV Cabo (cable television operator) within the appeal of the decision issued by the Portuguese (...)

A Portuguese Court of Commerce declares as partially extinct the infringement procedure against owner of a television channel and cable television operator which gave rise to the imposition of a € 3 M fine (PT Multimédia, CATVP and SIC)
Samsung (Lisbon)
On 10 August 2007, the Lisbon Court of Commerce (Court) declared as partially extinct the infringement procedure regarding SIC (owner of a Portuguese private television channel), PT Multimédia and TV Cabo (cable television operator) within the appeal of the decision issued by the Portuguese (...)

The UK Office of Fair Trading accepts for the first time binding commitments following a Competition Act 1998 investigation (TV Eye)
United Kingdom’s Competition Authority - CMA (London)
1. Introduction In this Decision, the Office of Fair Trading ("OFT") accepted for the first time binding commitments following a Competition Act 1998 ("1998 Act") investigation. The investigation related to possible infringements of Chapter I and Chapter II of the 1998 Act. The commitments (...)

The French Competition Authority grants interim measures in the radio broadcasting rights market (GIE Sport libre / RMC info)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. Radio broadcasting rights for the football World Cup : the Conseil de la concurrence issues an interim measure against GIE [1] Sport libre* Following a referral by the company RMC Info, in a decision dated (...)

Regulations

The Canadian Competition Bureau announces that agencies and brands involved in influencer marketing have to comply with the Competition Act
Steve Szentesi Law Corporation (Vancouver)
INFLUENCER ADVERTISING: COMPETITION BUREAU INCREASES PRESSURE ON BRANDS AND AGENCIES TO COMPLY WITH THE COMPETITION ACT* Practical Law Canada has published a New Legal Update, which discusses the Competition Bureau’s new guidelines for influencer advertising. While the Bureau’s new guidelines (...)

The French Competition Authority is asked for an opinion in the audiovisual sector by the Commission of Cultural Affairs and Education
French Competition Authority (Paris)
Audiovisual sector* The Autorité de la concurrence has been asked for an opinion in the audiovisual sector by the Commission of Cultural Affairs and Education (Commission des Affaires culturelles et de l’Education) of the National Assembly The Commission of Cultural Affairs and Education of the (...)

The Supreme Court of India reverses appellate tribunal’s decision and upholds Indian Competition Authority’s interpretation of the Competition Act resulting in fine for regional TV Multi System Operator (Fastway Transmission)
Vaish (New Delhi)
Supreme Court upholds CCI’s interpretation of Section 4(2)(c) of the Act* The Supreme Court vide its judgement dated January 24, 2018 has set aside the COMPAT decision dated May 2, 2014 in which, the COMPAT while dismissing the CCI’s order has held that a denial of market access as envisaged (...)

The French Competition Authority issues a second opinion concerning the competitive impact of the switchover to free digital terrestrial television of several pay TV channels (LCI)
French Competition Authority (Paris)
Under the new procedure initiated by the CSA, the Autorité de la concurrence has issued a second opinion concerning the competitive impact of the switchover to free DTT by the LCI, Paris Première and Planète + pay TV channels* The Autorité releases an opinion issued today to the CSA (French (...)

The Canadian Radio-Television and Telecommunications Commission announces a new public consultation on the state of competition on the market for wholesale mobile wireless services
Steve Szentesi Law Corporation (Vancouver)
Competition & Wireless: Want Your Say on Roaming, Wireless Regulation? CRTC Launches New Public Consultation* Earlier today, and close on the heels of the announcement of winners in the Government’s 700 MHz spectrum auction yesterday (see: here), the CRTC has announced that it is launching (...)

The OECD holds a roundtable on competition issues in television and broadcasting
OECD - Competition Division (Paris)
Executive summary, by the Secretariat * Considering the discussion at the roundtable, the background paper as well as the delegates’ and experts’ written submissions, several key points emerge: 1. The television and broadcasting sector has been undergoing significant technological and (...)

The Austrian Competition Authority adopts a report on oil price assessments (Platts)
European Commission (Brussels)
Austria: Report on Platts Price Assessments On 6 August 2010, the Austrian Federal Competition Authority (FCA) has adopted a report based on an extensive analysis of the Platts notations. Platts is part of McGraw-Hill’s Information and Media Services group. Apart from a broad range of other (...)

The UK High Court of Justice rules that an auction website cannot be held responsible for fake products sold through its web site and refers to the ECJ for some other key issues (L’Oréal / eBay)
EDHEC (Lille)
Is eBay primarily and/or jointly liable for trademark infringements committed by some of its users selling counterfeit items through the auction website? Does the online auctioneer itself commit infringements by using luxury brands as advertising keywords, in order to promote its online (...)

The French Competition Authority issues an opinion on the marketing of sporting events broadcasting rights
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Marketing of sporting events broadcasting rights: The Conseil is not in favour of a five year extension of rights purchasing contracts.* Following a malfunction in the operating of the take over bid for the (...)

The French Competition Authority issues an opinion on the regulation of the audiovisual broadcasting market (ARCEP)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Regulation of the audiovisual broadcasting market: The Conseil de la concurrence in favour of ARCEP’s proposal to impose account unbundling requirements on TDF.* As part of the procedure for analysing (...)

The French Competition Authority delivers a favourable opinion on a draft decree relating to the sale of broadcasting rights for sporting competitions
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence delivers a favourable opinion concerning the draft decree on the sale of broadcasting rights for sporting competitions.* Asked by the Minister of Economy to issue an opinion on a (...)

The EU Commission launches a sector inquiry into the sale of sports rights to Internet and 3G mobile operators
Institut National de la Propriété Industrielle (Courbevoie)
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Hellenic Competition Authority (Athens)
"Using the instrument of sector-wide inquiries: inquiry into content for 3G services"* 1. The importance of a proactive approach in the antitrust field, especially regarding emerging markets DG Competition has launched a comprehensive rethinking of the use of its instruments. This has been (...)

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