Mergers & Media

Mergers

The German Competition Authority clears a TV company’s takeover of remaining stocks in a TV children’s channel (RTL / SuperRTL)
German Competition Authority (Bonn)
Bundeskartellamt clears merger between RTL and SuperRTL* The Bundeskartellamt has today cleared the merger between Bertelsmann SE & Co. KGaA (RTL Group) and RTL Disney Fernsehen GmbH & Co. KG (SuperRTL) in the first phase of merger control. RTL already holds 50% of the shares in the (...)

The French Competition Authority clears a merger between two media companies subject to conditions (Vivendi / Prisma Media)
French Competition Authority (Paris)
The Autorité de la concurrence clears the takeover of Prisma Media (Ça m’intéresse, Capital, Cuisine Actuelle, Femme Actuelle, Gala, Télé Loisirs…) by Vivendi.* On 24 March 2021, the Vivendi group notified the Autorité of the exclusive control acquisition of the Prisma Media press group. At the end (...)

The French Competition Authority clears without conditions the acquisition by a media company of a national horseracing publication (Turf / NJJ)
French Competition Authority (Paris)
The Autorité de la concurrence clears without conditions the acquisition of Groupe Paris Turf by NJJ Holding, controlled by Xavier Niel* On 11 June 2020, NJJ Holding (hereinafter ‘NJJ’), controlled by Mr. Xavier Niel and parent company of the NJJ Group, notified the Autorité de la concurrence of (...)

The Polish Competition Authority blocks an acquisition between two media groups (Eurozet / Agora)
Bird & Bird (Warsaw)
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Bird & Bird (Warsaw)
Following more than a one-year phase II investigation, in January 2021, the Polish Competition Authority (“UOKiK”) announced that it blocked the acquisition of Eurozet by Agora. Parties to the blocked acquisition Both Eurozet and Agora are present in the radio broadcasting and related markets (...)

The Polish Competition Authority prohibits the acquisition of a radio broadcaster by a national media company (Eurozet / Agora)
Polish Competition Authority (Warsaw)
Agora/Eurozet - prohibition of concentration* President of UOKiK Tomasz Chróstny has prohibited the acquisition of Eurozet by Agora. The concentration would have resulted in the development of a powerful radio group that would be able to limit competition on the market for radio advertising and (...)

The Dutch Competition Authority clears acquisition of national northern newspapers by media company (Mediahuis)
Netherlands Authority for Consumers & Markets (The Hague)
ACM clears acquisition of northern newspapers by media company Mediahuis* The Netherlands Authority for Consumers and Markets (ACM) has cleared the acquisition of Dutch publisher NDC mediagroep by Mediahuis. NDC is a relatively small competitor on the newspaper market. The acquisition will not (...)

The Polish Competition Authority informs about its reservation on the concentration of two companies in the media sector (Agora / Eurozet)
Polish Competition Authority (Warsaw)
Agora/Eurozet concentration - reservations expressed by the President of UOKiK* President of UOKiK Tomasz Chróstny has informed the parties of their reservations about the transaction of Agora taking over Eurozet and indicated that such concentration may lead to the restriction of competition. (...)

The Italian Competition Authority publishes an investigation into a cooperative joint venture between copyright collecting companies (New IMAIE / SCF)
Portolano Cavallo (Milan)
The Italian Competition Authority opened an investigation into a potential anti-competitive agreement in connection with the creation of a joint venture between two copyright collecting societies. On November 3, 2020, the Italian Competition Authority (AGCM or the “ICA”) opened a formal (...)

The Slovak Competition Authority unconditionally approves merger between manufacturers of LCD panels (TCL China Star Optoelectronics Technology / Samsung Suzhou Module / Samsung Suzhou LCD)
Slovak Competition Authority (Bratislava)
MERGERS: AMO SR approved the merger of undertakings TCL China Star Optoelectronics Technology Co., Ltd., Samsung Suzhou Module Co., Ltd., and Samsung Suzhou LCD Co., Ltd.* On 30 October 2020 the Antimonopoly Office of the Slovak Republic, the Division of Concentrations, (hereafter "the (...)

The Polish Competition Authority issues first decision authorising a foreign acquisition following its temporary FDI screening mechanism (H&F Corporate Investors VIII / The Center for Electronic Settlements Polish ePayments)
Van Bael & Bellis (Brussels)
On 19 October 2020, the Polish Competition Authority (“UOKiK”) issued a decision authorising the Cayman Islands-based H&F Corporate Investors VIII Ltd. to acquire the Center for Electronic Settlements Polish ePayments S.A. The transaction was not notified to the UOKiK under the normal merger (...)

The New Zealand Competition Authority issues statement of preliminary issues relating to broadcaster’s application to acquire a competitor’s outside broadcasting business (NEP Broadcast Services / Sky Network Television)
New Zealand Commerce Commission (Wellington)
Statement of Preliminary Issues released for NEP acquisition of Sky’s outside broadcasting assets* The Commerce Commission has published a statement of preliminary issues relating to an application from NEP Broadcast Services New Zealand Limited seeking clearance to acquire from Sky Network (...)

The EU Commission unconditionally clears a merger of two multinational groups both active in sports broadcasting and sale of advertising space (PPF / CME)
DG COMP (Brussels)
Mergers: Commission approves PPF’s acquisition of CME* The European Commission has approved unconditionally, under the EU Merger Regulation, the proposed acquisition of Central European Media Enterprises ("CME") by PPF Group NV ("PPF"). The Commission concluded the transaction would raise no (...)

The New Zealand Competition Authority receives a clearance application from a technical production company to acquire a broadcasting business (NEP / Sky)
New Zealand Commerce Commission (Wellington)
NEP seeks clearance to acquire Sky’s outside broadcasting assets* The Commerce Commission has received a clearance application from NEP Broadcast Services New Zealand Limited to acquire from Sky Network Television Limited the assets of its outside broadcasting business, Outside Broadcasting (...)

The French Competition Authority clears two transactions in the audiovisual sector (Mediawan)
French Competition Authority (Paris)
The Autorité de la concurrence clears two transactions in the audiovisual sector* The Autorité de la concurrence cleared the joint takeover of Mediawan by companies of Messrs Capton, Pigasse and Niel and the exclusive control acquisition of Lagardère Studio by Mediawan. On 17 August 2020, the (...)

The UK Competition Authority confirms its intention to cancel investigation into a merger of online advertising agencies because it is abandoned (Taboola / Outbrain)
United Kingdom’s Competition Authority - CMA (London)
Digital advertising merger to be abandoned during CMA investigation* Taboola has announced that it is to abandon its proposed purchase of Outbrain. The Competition and Markets Authority (CMA) has therefore today confirmed it intends to cancel its investigation into the potential competition (...)

The German Competition Authority clears the acquisition of a publishing house by a media company (J. Bauer / Ruhr Nachrichten Verlag)
German Competition Authority (Bonn)
Bundeskartellamt clears takeover of J. Bauer publishing house by Ruhr Nachrichten Verlag* The Bundeskartellamt has cleared plans by Ruhr Nachrichten Verlag & Co. KG (Lensing Media) to acquire all the shares in Verlag J. Bauer KG. Bauer publishes the newspaper Recklinghäuser Zeitung, which (...)

The EU Court of Justice rules that a restriction imposed by Italian law on acquisitions in the broadcasting and audiovisual sectors is contrary to EU Law (Vivendi / Mediaset)
Ashurst (Brussels)
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Ashurst (Milan)
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Ashurst (Brussels)
On 3 September 2020, the European Court of Justice ("ECJ") ruled that a restriction imposed by an Italian law on acquisitions in the broadcasting and audiovisual sectors is contrary to the fundamental EU law principle of the freedom of establishment enshrined in Article 49 of the Treaty on the (...)

The EU Court of Justice rules that certain anti-concentration limits set forth by the Italian legislation for the protection of media pluralism are incompatible with the competition law (Vivendi / Mediaset)
Portolano Cavallo (Milan)
Summary: The CJEU has established that the market concentration thresholds set forth by Article 43(11) of Legislative Decree No. 177/05, and based on the overall revenues of the so called “Integrated System of Communications,” are inadequate to detect or prevent the risk for pluralism and thus (...)

The EU Court of Justice rules that the provision of Italian law preventing a media company from acquiring 28% of the capital in competitor as a measure of protecting pluralism of information is contrary to EU law (Vivendi / Mediaset)
European Court of Justice (Luxembourg)
The provision of Italian law preventing Vivendi from acquiring 28% of the capital in Mediaset is contrary to EU law* That provision constitutes a prohibited impediment to the right of establishment as it is not appropriate for achieving the objective of protecting pluralism of information. (...)

The Israeli Competition Authority files an indictment against major film distributor and cinema company for breach of merger conditions committed under aggravating circumstances (Mooki Greidinger / Forum Film)
Israel Competition Authority (Jerusalem)
The Competition Authority has filed an indictment against Mooki Greidinger and Forum Film Ltd. for breach of merger conditions committed under aggravating circumstances* According to the Indictment, the defendants have systematically refused to supply movies to Lev Tel Aviv Cinema, a (...)

The German Competition Authority clears a joint venture between two German newspapers in the printed advertisement sector but examines the cooperation between these two firms (Süddeutsche Zeitung / Frankfurter Allgemeine Zeitung)
German Competition Authority (Bonn)
Joint marketing of advertising space - Süddeutsche Zeitung and Frankfurter Allgemeine Zeitung can establish a joint venture, but the examination of the cooperation under antitrust law is still ongoing* After examining the project under merger control law the Bundeskartellamt has cleared the (...)

The Spanish Competition Authority agrees to extend for 3 years the remedies agreed as part of the pay-TV merger authorisation in 2015 (Telefónica / DTS)
Spanish Competition Authority (Madrid)
The CNMC agrees to extend for three years the remedies agreed as part of the merger authorisation between Telefónica and DTS in 2015* All the remedies are maintained for the maximum period of three years, save for the one involving the purchase of exclusive broadcast rights in Spain for (...)

The Austrian Competition Authority files request for examination with Cartel Court in connection with the merger affecting markets for digital imaging, healthcare IT, and others (Fujifilm / FujiFilm Healthcare)
Austrian Competition Authority (Vienna)
AFCA files request for examination with Cartel Court in connection with the Fujifilm Corporation/FujiFilm Healthcare Corporation merger* AFCA filed request for examination with Cartel Court on 1 July 2020. On 22 May 2020 the Austrian Federal Competition Authority (AFCA) was notified of the (...)

The US FTC approves final order settling all charges that manufacturer of law enforcement equipment entered into anti-competitive agreements with the seller of body-worn camera systems when they entered a merger of their businesses (Safariland / Axon / VieVu)
US Federal Trade Commission (FTC) (Washington)
FTC Approves Final Order Settling Charges that VieVu’s Former Parent Company Safariland Entered into Anticompetitive Agreements with Body-Worn Camera Systems Seller Axon* Following a public comment period, the Federal Trade Commission has approved a final order settling charges that Safariland, (...)

The Italian Administrative Supreme Court reinstates remedies imposed by the Competition Authority to mitigate the effects of the acquisition of certain assets of the digital terrestrial Pay-TV (Sky Italia / R2)
Ashurst (Brussels)
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Ashurst (Milan)
On 28 May 2020, the Italian Administrative Supreme Court ("CoS") reinstated remedies imposed by the Italian Competition Authority ("ICA" or "Authority") to mitigate the effects of the acquisition by Sky Italia Holding S.p.A. ("Sky") of certain assets of the digital terrestrial Pay-TV owned by (...)

The US FTC proposes new order settling all charges that manufacturer of law enforcement equipment entered into anticompetitive agreements with the seller of body-worn camera systems when they entered a merger of their businesses (Safariland / Axon / VieVu)
US Federal Trade Commission (FTC) (Washington)
VieVu’s Former Parent Company Safariland Agrees to Settle Charges That It Entered into Anticompetitive Agreements with Body-Worn Camera Systems Seller Axon* Settlement is part of a larger case challenging Axon’s consummated acquisition of former competitor VieVu Safariland, LLC, which (...)

The Dutch Competition Authority clears acquisition of publishing company by rival publisher because of sufficient competition on the markets for free online news, and for online advertising (Sanoma Media / DPG Media)
Netherlands Authority for Consumers & Markets (The Hague)
ACM clears acquisition of publishing company Sanoma Media by rival publisher DPG Media* The Netherlands Authority for Consumers and Markets (ACM) has cleared the acquisition of publishing company Sanoma Media Netherlands by rival publisher DPG Media (formerly De Persgroep Nederland). After the (...)

The Austrian Competition Authority grants request to amend commitments in the market for free TV and television advertising undertaken as part of a merger previously cleared (Puls 4 / ATV)
Van Bael & Bellis (Brussels)
On 26 March 2020, the Austrian Federal Competition Authority (“FCA”) granted a request to amend the commitments in the market for free TV and television advertising undertaken as part of a merger cleared in 2017. The FCA had cleared the acquisition by Austrian-based ProSiebenSat.1Puls 4 GmbH (...)

The Spanish Government updates foreign investment screening regime in light of COVID-19 and prohibits or severely limits the foreign acquisition of companies active in sectors related to public order, public security or public health Free
Callol, Coca & Asociados (Madrid)
The rapid spread of Covid-19 has led to its consideration as a global pandemic. Spain, currently at the epicenter of the crisis, has declared the state of alarm last Sunday. To ease the effects of the Covid-19 crisis in the economy, the Spanish Government approved yesterday Royal Decree-Law (...)

The UK Competition Authority approves media company’s acquisition of almost 50 radio stations, subject to a requirement that local radio stations have access to advertising representation (Bauer Media Group)
United Kingdom’s Competition Authority - CMA (London)
Final decision published in radio merger inquiry* The CMA will ensure local radio stations have access to advertising representation following an in-depth investigation into Bauer’s purchase of almost 50 stations. The Competition and Markets Authority (CMA) has investigated Bauer Media’s (...)

The Belgian Competition Authority approves a request from a major cinema complex operator to lift one of the merger commitments previously imposed (Kinepolis)
Bird & Bird (Brussels)
On 11 February 2020, the Belgian Competition Authority (BCA) approved a request from the Kinepolis group, a major cinema complex operator, to lift one of the merger commitments which had been imposed on the group in the 90s. Since the creation of the Kinepolis group in 1997 following the (...)

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)
Autorité de la concurrence (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 Italian Competition Authority authorizes the acquisition of a media company (F2I / Persidera)
Italian Competition Authority (Rome)
Antitrust: acquisition of Persidera by Terzo Fondo authorized with remedies* On 12 November 2019, the Authority concluded its investigation, launched on 4 September 2019, to assess the effects on competition of the acquisition of the sole control of Persidera S.p.A. by Terzo Fondo per le (...)

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 Dutch Competition Authority clears an acquisition of a distributor of educational materials by a publisher subject to conditions (Sanoma / Iddink)
Netherlands Authority for Consumers & Markets (The Hague)
ACM conditionally clears acquisition of Iddink Group by Sanoma Learning* Publisher Sanoma Learning is allowed to acquire Iddink Group, a distributor of educational materials. Iddink Group also owns Magister, a learning management system (LMS) that many secondary schools in the Netherlands use. (...)

The French Competition Authority clears, subject to remedies, the creation of a TV platform by three television channels (Salto)
Autorité de la concurrence (Paris)
Pay Television Sector* The Autorité de la concurrence clears, subject to conditions, the creation of the Salto platform by TF1, France Télévisions and Métropole Télévision (M6) Background Following a referral decision by the European Commission, TF1, France Télévisions and Métropole Télévision (...)

The EU Commission imposes a fine of €28 million for gun-jumping in the market of imaging and optical products (Canon / Toshiba)
Bird & Bird (Brussels)
On 27 June 2019, the European Commission ("EC") fined Canon €28 million for gun-jumping in its acquisition of Toshiba Medical Systems Corporation ("TMSC"), namely implementing the transaction prior to notification and approval under EU merger control (see the EC press release here). Canon had (...)

The EU Commission imposes a fine of €28 million for “gun-jumping” on a Japanese manufacturer of imaging and optical products (Canon / Toshiba)
DG COMP (Brussels)
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Shearman & Sterling (London)
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Shearman & Sterling (London)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 27 June 2019 the European Commission imposed a fine of €28 million on the Japanese imaging and optical products manufacturer Canon for “gun-jumping” by using a (...)

The EU Commission fines an imaging and optical products manufacturer €28 million for gun jumping (Canon / Toshiba Medical Systems)
LK Shields (Brussels)
European Commission fines Canon EUR 28 million for Gun Jumping* Canon, the Japanese imaging and optical products manufacturer, has been fined €28 million (US$ 31.8 million) for implementing its acquisition of Toshiba Medical Systems Corporation (TMSC), before it was approved by the Commission, (...)

The EU Commission follows other countries’ antitrust authorities and assesses penalties against optical products company for structuring a transaction to avoid premerger notification filings and waiting period requirements (Canon / Toshiba)
Jones Day (Brussels)
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Jones Day (Washington DC)
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Jones Day (Brussels)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Antitrust authorities in the United States and European Union have assessed penalties and fines against Canon, and in the United States, Toshiba, for structuring (...)

The US District Court for the District Court of Columbia imposes a $2.5 million civil penalty against a manufacturer of imaging equipment for violating the pre-merger notification and waiting period requirements of the HSR Act (Canon / Toshiba)
Willkie Farr & Gallagher (New York)
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Willkie Farr & Gallagher (New York)
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Willkie Farr & Gallagher (New York)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Earlier this summer, the U.S. Department of Justice (the “DOJ”) filed a proposed final judgment against Canon Inc. (“Canon”) and Toshiba Corp. (“Toshiba”), imposing a (...)

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 Italian Competition Authority conditionally clears a merger in the market for retail Pay-TV services (Sky / R2)
Bird & Bird (Rome)
On 20th May 2019, the Italian Competition Authority (the "AGCM") cleared the merger between Sky Italia S.r.l.’s ("SKY") and R2 S.r.l. ("R2"), a company formerly owned by Mediaset Premium S.p.A. ("MP") and providing technical and administrative platform services for broadcasting by means of (...)

The Polish Competition Authority conditionally clears a merger between multiplex cinema operators (Multikino / Cinema 3D)
White & Case (Warsaw)
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DG COMP (Brussels)
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White & Case (Warsaw)
THE POLISH PRESIDENT OF THE OFFICE OF COMPETITION AND CONSUMER PROTECTION CONDITIONALLY CLEARED A MERGER BETWEEN MULTIPLEX CINEMA OPERATORS* Background On 11 July 2018, the President of the Office of Competition and Consumer Protection (the “OCCP”) initiated merger clearance proceedings (...)

The Belgian Competition Authority conditionally approves a sole control acquisition in the media market (De Vijver Media / Telenet)
Bird & Bird (Brussels)
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Bird & Bird (Brussels)
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Bird & Bird (Brussels)
On 13 May 2019 the Belgian Competition Authority ("BCA") conditionally approved Telenet’s acquisition of sole control over De Vijver Media, after a referral by the European Commission ("EC"). The deal was originally notified to the EC on 4 October 2018. The EC already investigated Telenet’s (...)

The Belgian Competition Authority clears a merger subject to remedies in the TV channels platforms market (De Vijver Media / Telenet)
Belgian Competition Authority (Brussels)
The Competition College of the BCA has approved conditionally the acquisition of sole control of De Vijver Media by Telenet* the Competition College of the Belgian Competition Authority (BCA) has approved conditionally on 13 May 2019 the acquisition of sole control by Telenet Group BVBA (...)

The EU Commission opens an in-depth investigation regarding a merger in the audiovisual sector (Telia / Bonnier Broadcasting)
DG COMP (Brussels)
Mergers: Commission opens in-depth investigation into Telia Company’s proposed acquisition of Bonnier Broadcasting* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Bonnier Broadcasting by Telia Company under the EU Merger Regulation. The (...)

The EU Commission refers to the French Competition Authority the examination of a merger in the audiovisual sector (Salto)
Autorité de la concurrence (Paris)
Audiovisual sector* On 18 March 2019, the European Commission referred to the Autorité de la concurrence the examination of the creation of Salto, a joint venture of the France Télévisions, Métropole Télévision and TF1 groups. Salto is intended to offer the free-to-air DTT channels (live broadcast (...)

The Italian Competition Authority opens an in-depth investigation to assess a proposed acquisition in the pay-TV market (Sky / R2)
Bird & Bird (Rome)
On 7 March 2019, the Italian Competition Authority ("AGCM") opened an in-depth investigation (phase II) to assess the proposed acquisition of R2 S.r.l., the Operation Pay branch of Mediaset Premium, by Sky Italia S.r.l. and Sky Italian Holdings S.p.A. The investigation is aimed at examining (...)

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 Hellenic Competition Authority clears the acquisition of the joint control of companies in the media sector (Alpha Satellite / Alpha Radio / Alpha Kronos Radio)
Kyriakides Georgopoulos Law Firm (Athens)
MERGER CONTROL-MEDIA SECTOR HCC cleared the acquisition of the joint control of Alpha Satellite TV SA, Alpha Radio SA and Alpha Kronos Radio SA by Motor Oil, Alpha Media and Dimitris Kontominas. In a Plenary Session, the HCC unanimously proceeded in February 2019 to the clearance of the (...)

The French Competition Authority re-examines and eases merger remedies made by a leading pay TV provider (Canal+ International)
Autorité de la concurrence (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 South African Competition Tribunal hears arguments for merger which would result in a 90% share in the market for steel drums (Greif / Rheem)
Toulouse School of Economics
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University of Witwatersrand (Johannesburg)
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European University Institute (Florence)
Abstract In this paper, we use a differentiated- products oligopoly model to assess the impact on competition of a merger between Greif and Rheem South Africa. Both parties are active in the industrial packaging products sector. The parties’ activities overlap, among others, in the production (...)

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)
Autorité de la concurrence (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 Hellenic Competition Authority clears the acquisition in the media investment sector (Epsilon / Dimera)
Kyriakides Georgopoulos Law Firm (Athens)
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Kyriakides Georgopoulos Law Firm (Athens)
Media: DIMERA/ EPSILON TV (HCC 652/2017) In November 2017, the HCC, in plenum, unanimously cleared the acquisition of sole control over ‘EPSILON TV’ (owned by RADIOTILEOPTIKI S.A.) by DIMERA Media Investments Ltd. The postmerger market shares of Dimera would not reach levels of dominance neither (...)

The EU General Court sets aside the Commission’s approval decision of a merger in the market for television and telecommunication services (Liberty Global / Ziggo)
Giannino SI (Monserrato)
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 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 Irish Competition Authority clears an acquisition subject to a structural remedy in the media monitoring business (Kantar Media / Newsaccess)
Trinity College Dublin
Introduction On 11 July 2017 the Competition and Consumer Protection Commission (CCPC), Ireland’s competition agency, cleared the acquisition by Mediawatch Limited, trading as Kantar Media (Kantar Media), an indirectly wholly-owned subsidiary of WPP plc (WPP), of Newsaccess Limited (Newsaccess), (...)

The French Competition Authority clears a merger in the telecommunication and media sector (SFR / Groupe News Participation)
Autorité de la concurrence (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 EU Commission conditionally approves the acquisition of a de facto sole control over a national incumbent telecommunications company, subject to remedies (Telecom Italia / Vivendi)
DG COMP (Brussels)
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DG COMP (Brussels)
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DG COMP (Brussels)
Vivendi/Telecom Italia - jurisdictional and substantive assessment of minority shareholdings* In a nutshell: The Vivendi/Telecom Italia case raised interesting issues related to minority shareholdings. In relation to jurisdiction, the transaction consisted of the acquisition of (de facto) (...)

The Spanish Competition Authority rules that a pay-tv operator should compensate its competitors for the excess payments for the rental of pay-tv channels, in the context of monitoring proceedings of a merger decision (Telefonica / DTS)
Callol, Coca & Asociados (Madrid)
The NMCC has ordered Telefonica to compensate its competitors Vodafone, Telecable and Total Channel for the excessive wholesale prices paid for football channels Canal+ Liga and Canal+ Partidazo in the season 2015/2016. This order is in the context of monitoring proceedings of the merger (...)

The Chinese MOFCOM fines an imaging and optical products manufacturer for failure to notify its acquisition of a company active in the medical equipment sector (Canon / Toshiba Medical Systems)
Fangda (Hong Kong)
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Freshfields Bruckhaus Deringer (Hong Kong)
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Freshfields Bruckhaus Deringer (London)
On 16 December 2016, China’s Ministry of Commerce (MOFCOM) published its decision to fine Canon Inc. (Canon) for failure to notify its acquisition of Toshiba Medical Systems Corporation (TMSC) under the Anti-Monopoly Law (the AML). The decision is an important development for two key reasons: (...)

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)
Autorité de la concurrence (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 Indian Competition Authority approves acquisition of film exhibition business by a cinema theatre company subject to conditions (PVR / DUL)
Vaish Associates Advocates (New Delhi)
CCI approves PVR’s acquisition of DLF’s cinema exhibition business with modifications* CCI, by its order dated May 04, 2016, has approved acquisition of DLF’s film exhibition business, subject to modifications. The proposed combination relates to acquisition by PVR of DLF Utilities Limited (DUL) (...)

The French Competition Authority clears a merger in the market of production of programmes broadcast on television (Newen / TF1 / FIFL)
Autorité de la concurrence (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 Montenegrin Competition Authority issues a conditional approval of a concentration in the markets of distribution of media contents and provision of direct internet access services (Telemach / M-Kabl)
BDK (Podgorica)
On 29 December 2015, the Montenegrin Agency for Protection of Competition (“Agency“) issued its first conditional approval of a concentration, this time between Telemach A.D. Podgorica (“Telemach“) and M-Kabl doo Podgorica (“M-Kabl“). The concentration is a result of an indirect acquisition of full (...)

The Spanish Competition Authority fines two media companies for breaching commitments attached to two concentrations in the audiovisual market (Mediaset / Atresmedia)
Callol, Coca & Asociados (Madrid)
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Callol, Coca & Asociados (Madrid)
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Callol, Coca & Asociados (Madrid)
The NMCC has imposed fines of € 3 million and € 2,8 million respectively on Gestión Telecinco S.A. (Mediaset) and Antena 3 Televisión S.A. (Atresmedia) for infringing the commitments to which the authorisations of both past acquisitions of sole control over Cuatro and La Sexta, respectively, were (...)

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)
Autorité de la concurrence (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)
Autorité de la concurrence (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 Spanish Competition Authority approves an acquisition in the pay TV and telecommunications markets by a direct competitor in a second phase decision with commitments (Telefónica / DTS)
Callol, Coca & Asociados (Madrid)
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Callol, Coca & Asociados (Madrid)
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Callol, Coca & Asociados (Madrid)
The approved transaction consists of the acquisition by Telefónica (incumbent telecommunications operator also active in the pay TV market) of the exclusive control of DTS, through the purchase of the 56 % share capital in the hands of Prisa, which adds to the 44% share capital already owned by (...)

The Spanish Competition Authority clears the acquisition of the first national pay-tv provider by a direct competitor (Telefónica / DTS)
Linklaters (Madrid)
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Linklaters (Madrid)
1 Introduction On 22 April 2015, seven months after it was notified of the incumbent telecoms operator Telefónica’s acquisition of sole control of Distribuidora de Televisión Digital, S.A. (“DTS”), the National Markets and Competition Authority (“CNMC”) cleared the deal subject to commitments . (...)

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)
"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)
Autorité de la concurrence (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 acquisition by a paid TV service supplier of a minority share in a 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 (Canal Plus Overseas / Mediaserv)
Autorité de la concurrence (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 UK Parliament proposes that Ofcom be allocated decision-making power in mergers raising potential media plurality concerns
UEA law school - Centre for Competition Policy (Norwich)
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)
Autorité de la concurrence (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 (...)

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