Mergers & Media

Foreword Mergers & Media: An overview of EU and national case law

This year, a decision of the German Competition Authority made headlines, titled “Competition concerns about the acquisition of a daily newspaper in the Zollernalbkreis district”. The remarkable thing about this case is that it was scrutinized at all. The Zollernalbkreis is tiny and consists of a handful of small towns and villages. The daily newspaper in question has a circulation of less than 17,000 printed copies with a monthly subscription price of approx. 45 EUR. But: its acquisition was subject to a merger filing and raised competition concerns to a degree that the German Competition Authority blocked one potential buyer. The case is somewhat indicative for merger cases in the media sector: the significance of media companies often is considered to exceed their turnover and economic weight; they are being reviewed with a particular scrutiny and they attract a considerable amount of public attention. The patterns that may be deducted from the cases in this Special Issue, show a worrying result: The understandable wish for control over competition in media businesses might lead to suffocating the economic development of the ‘Fourth Estate’. These patterns are: Mergers in the media sector are subject to special scrutiny (see 1.); markets continue to be (mainly) defined narrowly (see 2.); and regulation is applied rigorously despite the decisive influence of digitalization and the role of Big Tech players on the continuance of media markets (see 3.).

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Axel Springer (Berlin)
Germany 2 contributions 2519 visits

Mergers

 The EU Commission initiates a formal investigation to determine whether the acquisition of a major media group with significant publishing operations by a rival violates the notification requirement and “standstill obligation” set out in the EU Merger Regulation (Lagardère / Vivendi) Free
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2929776 visits
Mergers: Commission opens formal investigation for possible breach of notification requirement, standstill obligation and clearance conditions and obligations in Vivendi/Lagardère transaction* The European Commission has decided to open a formal investigation to determine whether, when (...)

The EU Commission clears the acquisition of a major media group with significant publishing operations by a rival (Lagardère / Vivendi)
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2929776 visits
Mergers: Commission clears acquisition of Lagardère by Vivendi, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Lagardère by Vivendi. The Commission’s decision is conditional upon full compliance with the commitments (...)

The Austrian Competition Authority conditionally clears a merger in the broadcasting sector (Austrian Broadcasting Corporation / Radioplayer)
Austrian Competition Authority (Vienna)
Austria 64 contributions 7722 visits
Press release merger BWB/Z-6244: ORF / RIG Radio Innovations GmbH / Radioplayer Österreich GmbH* Merger between ORF and RIG Radio Innovations GmbH cleared subject to conditions On 13 April 2023 the Austrian Federal Competition Authority (AFCA) was notified of a merger that involved the (...)

The Spanish Competition Authority initiates disciplinary proceedings against a telecommunications company for entering into an exclusive broadcasting agreement with a sports streaming firm in breach of a merger commitment (Telefónica / Dazn)
Spanish Competition Authority (CNMC) (Madrid)
Spain 143 contributions 31579 visits
The CNMC initiates disciplinary proceedings against Telefónica for the agreement with Dazn regarding the exclusive rights to Formula 1* Telefónica allegedly failed to comply with certain commitments it made when acquiring DTS (formerly Sogecable) in 2015. Telefónica’s wholesale supply of its (...)

The Brussels Court of Appeal upholds the Competition Authority’s approval of an acquisition in the media and broadcasting sector (DPG media / Rossel & Cie / RTL Belgium / Audiopresse / New Contact / Radio H ...)
Belgian Competition Authority (Brussels)
Belgium 120 contributions 24203 visits
Market Court confirms approval for acquisition of RTL Belgium by DPG Media and Rossel* In its judgment of 26 April 2023, the Market Court (section of the Brussels Court of Appeal) upheld the concentration decision of the College of the Belgian Competition Authority (BCA) regarding the (...)

The EU Court of Justice confirms that the national authorities can review ex post below-threshold mergers under abuse of dominance rules (Towercast)
White & Case (Brussels)
Belgium 20 contributions 10529 visits
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Schibsted (Oslo)
Norway 26 contributions 17283 visits
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White & Case (Brussels)
Belgique 39 contributions 66168 visites
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The long-awaited European Court of Justice’s judgment in Towercast confirmed that national competition authorities (and national courts) can apply abuse of dominance rules to mergers that did not trigger EU and national merger control thresholds, and were not referred to the European (...)

The EU Court of Justice rules that Article 102 TFEU permits the ex post review of completed mergers at the national level, with a non-Community dimension (Towercast)
Freshfields Bruckhaus Deringer (Berlin)
Germany 8 contributions 6116 visits
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Competition and Markets Authority (London)
United Kingdom 7 contributions 2484 visits
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Freshfields Bruckhaus Deringer (London)
United Kingdom 1 contribution 412 visits
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The European Court of Justice ( CJEU ) handed down its judgment in Towercast on 16 March 2023, confirming Advocate General Juliane Kokott’s Opinion from October 2022 that the prohibition on abuse of dominance under Article 102 TFEU is applicable to certain non-reportable mergers by dominant (...)

The EU Court of Justice resurrects an old doctrine to permit the challenge of completed mergers that fall outside the merger thresholds under Art. 102 TFEU (Towercast)
Shearman & Sterling (London)
Royaume-Uni 23 contributions 14293 visites
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Shearman & Sterling (London)
Royaume-Uni 30 contributions 14312 visites
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Shearman & Sterling (Brussels)
Belgique 21 contributions 10375 visites
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Overview The European Court of Justice (CJEU) brought back to life an old theory which allows acquisitions, which fall below EU and national merger control thresholds, to be challenged post-completion under abuse of dominant position rules (Article 102 TFEU). The judgment creates yet another (...)

The EU Court of Justice confirms the ex post application of abuse of dominance rules to non-notifiable mergers (Towercast)
Van Bael & Bellis (Brussels)
Belgium 40 contributions 10039 visits
On 16 March 2023, the Court of Justice (ECJ) issued a preliminary ruling in case C-449/21, Towercast SASU v. Autorité de la concurrence and others (“Towercast”) finding that concentrations that are not subject to any ex-ante notification requirement under national or EU merger control rules (...)

The EU Court of Justice agrees with AG Kokott and confirms that Art. 102 TFEU permits the reviewing of completed mergers where the concentration did not reach the requisite control thresholds (Towercast)
Hogan Lovells (Paris)
France 15 contributions 8234 visits
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Hogan Lovells (Paris)
France 24 contributions 6730 visits
On 16 March 2023, in a preliminary ruling issued in the Towercast case, the Court of Justice ruled that a concentration below national merger control thresholds could be subject to a review under article 102 TFUE. This much awaited judgment is a revival of the 1973 Court of Justice’s (...)

The Dutch Competition Authority blocks the acquisition of a media company by a rival because it would have made a firm too dominant (RTL / Talpa)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36664 visits
ACM definitively blocks acquisition of media company Talpa by rival company RTL* The Netherlands Authority for Consumers and Markets (ACM) has blocked the acquisition of media company Talpa by rival company RTL, because it would have created too powerful a company in the media sector. If the (...)

The Dutch Competition Authority concludes that a takeover of an undertaking will lead to the creation of a dominant position in the media industry (RTL / Talpa)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36664 visits
ACM: Takeover media company Talpa by RTL leads to dominant position* The Netherlands Authority for Consumers and Markets (ACM) concludes that the proposed amendments of the transaction between the media companies RTL and Talpa are insufficient to remove the concern that the transaction will (...)

The Austrian Competition Authority files a request to examine the merger of media companies at the Cartel Court (MediaForEurope / ProSiebenSat.1)
Austrian Competition Authority (Vienna)
Austria 64 contributions 7722 visits
AFCA files request for examination of MEDIAFOREUROPE N.V.; ProSiebenSat.1 Media SE merger with Cartel Court* The media merger of MFE MEDIAFOREUROPE N.V.; ProSiebenSat.1 Media SE was notified on 13 December 2022. MFE MEDIAFOREUROPE N.V plans to raise its current stake in ProSiebenSat.1 Media (...)

The Italian Competition Authority publishes merger guidance on its powers to review below-threshold mergers
Freshfields Bruckhaus Deringer (Rome)
Italy 17 contributions 67517 visits
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Freshfields Bruckhaus Deringer (Rome)
Italy 1 contribution 148 visits
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Italian Competition Authority (Rome)
Italy 1 contribution 148 visits
As anticipated in one of our previous blog posts, the “2021 Competition Law”, enacted in August 2022, granted the Italian Antitrust Authority ( IAA ) a new power to request undertakings to notify concentrations falling below the turnover thresholds which trigger a merger filing obligation. (...)

The Spanish Competition Authority initiates proceedings against a telecoms company on the grounds that the firm breached commitments it made when acquiring a television company (Telefónica / DTS)
Spanish Competition Authority (CNMC) (Madrid)
Spain 143 contributions 31579 visits
The CNMC initiates disciplinary proceedings against Telefónica* Telefónica allegedly failed to comply with certain commitments it made when acquiring DTS (formerly Sogecable) in 2015. Among others, it committed to avoiding long-term obligations for its customers, directly or indirectly related (...)

The French Competition Authority clears the takeover of a publishing and advertising company by a media company (Reworld Media / Unify)
Autorité de la concurrence (Paris)
France 747 contributions 409160 visites
The Autorité de la concurrence clears the takeover by the Reworld Media group of Unify, the "digital division" of TF1* On 22 September 2022, the Reworld Media group notified the Autorité of its plan to take exclusive control of Unify. Parties to the transaction The Reworld Media group is a (...)

The Indian Competition Authority provisionally approves the merger of two domestic broadcast media giants following voluntary divestments by the merging parties (Zee / Sony Group)
Talwar, Thakore & Associates (New Delhi)
India 3 contributions 184 visits
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Talwar, Thakore & Associates (New Delhi)
India 13 contributions 7402 visits
On 4 October 2022, the Competition Commission of India (CCI) conditionally approved the proposed merger of Zee Entertainment Enterprises Limited (ZEE) and Sony Group Corporation (SGC) in India (the proposed transaction). The merger between the two leading players in the broadcasting sector (...)

The French Competition Authority takes note of a decision by a telecommunications company to withdraw its planned acquisition for sole control over a media company (Bouygues / Métropole Télévision group)
Autorité de la concurrence (Paris)
France 747 contributions 409160 visites
TF1/M6: The Autorité de la concurrence takes note of the decision to withdraw its planned acquisition* The Autorité de la concurrence (hereinafter the "Autorité") takes note of the announcement made today by Bouygues, to withdraw its plan to acquire exclusive control of the Métropole (...)

The Mexican Competition Authority fines two broadcasting companies for failure to notify a concentration (AT&T / Warner Bros)
Mexican Competition Authority (Mexico City)
Mexico 139 contributions 27038 visits
Cofece imposes fines of more than 51 million Mexican pesos to AT&T and Warner Bros. Discovery for not notifying aconcentration* Mexico City, September 08, 2022.- The Federal Economic Competition Commission (Cofece or Commission) fined AT&T, Inc. (AT&T) and Warner Bros. Discovery, (...)

The EU Commission opens an in-depth investigation into a proposed acquisition of two suppliers of retail mobile and fixed telecommunication services by a large French telecommunications company (VOO / Brutélé / Orange)
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2929776 visits
Mergers: Commission opens in-depth investigation into the proposed acquisition of VOO and Brutélé by Orange* The European Commission has opened an in-depth investigation to assess the proposed acquisition of VOO and Brutélé by Orange under the EU Merger Regulation. The Commission is (...)

The Australian Competition Authority approves the acquisition of a company that sells TV set-top-boxes by a broadband provider (Telstra / Fetch)
Australian Competition and Consumer Commission (Canberra)
Australia 397 contributions 84350 visits
Telstra’s proposed acquisition of majority stake in Fetch TV not opposed* The ACCC will not oppose the proposed acquisition of 51.4% of Media Innovations Holdings Pty Ltd (Fetch TV) by Telstra Corporation Ltd (ASX:TLS). Telstra and Fetch TV both supply content aggregation services through (...)

The EU General Court upholds a €28M fine on a Japanese multinational company for gun jumping in its acquisition of a company that provides medical imaging services (Canon / Toshiba Medical Systems Corporation)
General Court of the European Union (Luxembourg)
Luxembourg 64 contributions 32570 visits
The General Court dismisses the action brought by Canon, which was fined € 28 million by the Commission for failure to comply with merger control rules in its acquisition of Toshiba Medical Systems Corporation* In 2016, Canon Inc (‘the applicant’), a Japanese multinational company (...)

The Polish Court of Competition and Consumer Protection overturns the Competition Authority’s decision prohibiting the acquisition of a radio broadcasting station by a competitor (Agora / Eurozet)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22632 visits
Agora/Eurozet - judgment of the court of first instance* The President of UOKiK will appeal against the judgment of the Court of Competition and Consumer Protection (SOKiK) in the Agora-Eurozet concentration case. SOKiK reversed the decision prohibiting the transaction. The judgment relates (...)

The Italian Competition Authority revokes the remedies imposed upon the incumbent pay-TV operator in relation to the acquisition of its main competitor’s pay-TV business due to market changes during COVID -19 (Sky / R2)
Portolano Cavallo (Milan)
Italy 63 contributions 10332 visits
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Portolano Cavallo (Milan)
Italy 36 contributions 7113 visits
On April 12, 2022, the Italian Competition Authority (the AGCM or “ICA”), following a formal investigation for the review of remedies imposed upon a concentration, revoked the measures that it had imposed on SKY Italian Holding SpA (“SKY”)—the leading pay-TV broadcaster in Italy—to offset the (...)

The Belgian Competition Authority conditionally approves the joint acquisition by two media companies of six other media companies (DPG Media / Rossel & Cie / RTL Belgium / Audiopresse / New Contact / Radio H...)
Belgian Competition Authority (Brussels)
Belgium 120 contributions 24203 visits
The Competition College has approved conditionally the acquisition by DPG Media NV and Rossel & Cie SA of joint control of RTL Belgium SA, Audiopresse SA, New Contact SA, Radio H SA, RTL BELux SA and RTL BELux SA & Cie SECS, and indirectly of all shares of their subsidiaries* The (...)

The French Competition Authority initiates an in-depth investigation into the merger of two media companies (TF1 / M6)
Autorité de la concurrence (Paris)
France 747 contributions 409160 visites
TF1/M6: the Autorité de la concurrence opens an in-depth examination* Following a pre-notification phase, the Bouygues group notified the Autorité de la concurrence of its planned acquisition of the Métropole Télévision group on 17 February 2022. The Bouygues group The Bouygues group (...)

The UK Competition Authority unconditionally clears a Phase II merger between a major record label and an artist and label services provider (AWAL / Sony)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 101241 visits
CMA clears Sony’s acquisition of AWAL* The CMA has cleared Sony’s acquisition of AWAL, an ‘artist and label’ (A&L) services provider, following an in-depth merger inquiry. The Competition and Markets Authority (CMA) referred the merger to an in-depth Phase 2 inquiry in September 2021, (...)

The EU Commission unconditionally approves the merger between a major US online retail platform with audiovisual content and a Hollywood film production company (Amazon / MGM)
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2929776 visits
Mergers: Commission approves acquisition of MGM by Amazon* The European Commission has approved unconditionally, under the EU Merger Regulation, the proposed acquisition of MGM Holdings Inc. (‘MGM’) by Amazon.com Inc (‘Amazon’). The Commission concluded that the transaction would raise no (...)

The Brazilian Competition Authority clears a transaction between two music production companies (Sony Music / Som Livre)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 75 contributions 21711 visits
CADE clears the acquisition of Som Livre by Sony Music* The transaction was cleared unconditionally On 23 February, the Administrative Council for Economic Defense (CADE) cleared Sony Music’s acquisition of Som Livre (owned by Globo Group). Sony Music is a Brazilian enterprise part of (...)

The UK Competition Authority provisionally clears a merger between a major record label and an artist and label services provider (AWAL / Sony)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 101241 visits
CMA provisionally clears Sony’s acquisition of AWAL* The CMA has provisionally cleared Sony’s acquisition of AWAL, an ‘artist and label’ (A&L) services provider, following an in-depth merger inquiry. The Competition and Markets Authority (CMA) referred the merger to an in-depth Phase (...)

The Dutch Competition Authority launches an extensive investigation into a proposed merger between two media companies (RTL / Talpa)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36664 visits
Extensive investigation needed into merger between RTL and Talpa* The planned merger between media companies RTL and Talpa requires an extensive investigation. The preliminary investigation of the Netherlands Authority for Consumers and Markets (ACM) has revealed that the merger between (...)

The Croatian Competition Authority conditionally clears a merger between two vertically integrated national telecommunications companies (Telemach Hrvatska / OT-Optima Telekom)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 19937 visits
CCA clears telecom merger between Telemach Hrvatska and Ot-Optima Telekom* Within the meaning of the Competition Act the Croatian Competition Agency cleared in the first phase the concentration between the undertakings Telemach Hrvatska d.o.o. and OT-Optima Telekom d.d. By this transaction (...)

The Australian Competition Authority does not oppose the merger between a major US online retail platform with audiovisual content and a Hollywood film production company (Amazon / MGM)
Australian Competition and Consumer Commission (Canberra)
Australia 397 contributions 84350 visits
Amazon’s proposed acquisition of MGM not opposed* The ACCC will not oppose the proposed acquisition of MGM by Amazon, after an investigation that concluded the transaction was unlikely to substantially lessen competition in any market in Australia. Amazon operates a range of businesses in (...)

The Danish Competition Authority approves an acquisition of sole control over two newspaper distributors by a national media company subject to commitments (JP/Politikens Hus / Dansk Avis Omdeling / Bladkompagniet)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 133 contributions 36329 visits
The Danish Competition Council has approved JP/Politikens Hus’ acquisition of sole control over Dansk Avis Omdeling A/S and A/S Bladkompagniet subject to commitments* On 15 December 2021 the Danish Competition Council has approved JP/Politikens Hus A/S’ (“JP/Politiken”) acquisition of sole (...)

The French Administrative Supreme Court determines that the development of a joint venture controlled by three national television networks does not infringe competition law (Illiald / Free / Molotov / France Télévisions / Métropole Télévision / Télévision Française / SALTO)
EDHEC (Lille)
France 12 contributions 8187 visits
Summary On appeal of a decision by the Autorité de la concurrence, the Conseil d’Etat decides that SALTO, a French video streaming developed by several TV actors in France, does not infringe competition law Facts The French TV companies France Télévisions, Métropole Télévision (M6) and (...)

The Lithuanian Competition Authority terminates the review of a merger between two Estonian companies in the cinema market since it did not receive all the necessary information from the merging parties within the maximum suspension period (MM Grupp / Forum Cinemas Lithuania)
Lithuanian Competition Authority (Vilnius)
Lithuania 106 contributions 20824 visits
Lithuanian Competition Authority terminates merger review process in cinema market* The Lithuanian competition authority Konkurencijos taryba has terminated the review of a merger notification under which the Estonian company MM Grupp intended to acquire another Estonian company Forum (...)

The UK Competition Authority finds that the merger between a national music distributor and a Japanese technology company raises competition concerns (AWAL / Sony)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 101241 visits
Sony’s purchase of AWAL raises competition concerns* The CMA has found that Sony’s completed purchase of AWAL raises competition concerns, following a Phase 1 investigation. Deal could lead to worse terms for artists and less innovation in the music sector The music industry is evolving, (...)

The German Competition Authority clears a magazine publisher’s plans to participate in a joint venture with a distribution company (MZV / Klambt)
German Competition Authority (Bonn)
Germany 457 contributions 116556 visits
Bundeskartellamt clears Klambt’s participation in MZV* The Bundeskartellamt has cleared plans by the magazine publisher Klambt to participate in the joint venture MZV Moderner Zeitschriften-Vertrieb previously controlled by FUNKE Mediengruppe and Burda. The authority specifically examined (...)

The Dutch Competition Authority grants a request to lift conditions imposed as part of a previous acquisition (DPG Media)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36664 visits
ACM: Conditions attached to newspaper delivery no longer necessary* On August 30, 2021, the Netherlands Authority for Consumers and Markets (ACM) decided to grant the request submitted by DPG Media to lift the conditions regarding the distribution of newspapers. These conditions were (...)

The Dutch Competition Authority conditionally clears the acquisition of a distributor of educational materials by a publisher after a follow-up investigation (Iddink / Sanoma Learning)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36664 visits
After follow-up investigation, ACM still conditionally clears acquisition of Iddink Group by Sanoma Learning* Publisher Sanoma Learning is allowed to acquire Iddink Group, a distributor of educational materials. Following a court ruling, the Netherlands Authority for Consumers and Markets (...)

The New Zealand Competition Authority unconditionally clears an acquisition of a retail management and distribution company by a media company (Ovato Retail Distribution / Are Media)
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25268 visits
Commission grants clearance for Are Media Limited to acquire Ovato Retail Distribution NZ Limited* The Commission has granted clearance for Are Media Limited to acquire 100% of the shares in Ovato Retail Distribution NZ Limited (ORD NZ). Are Media Limited is the New Zealand subsidiary of (...)

The German Competition Authority clears a TV company’s takeover of remaining stocks in a children’s channel (RTL / SuperRTL)
German Competition Authority (Bonn)
Germany 457 contributions 116556 visits
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 Latvian Competition Authority approves the merger between two national film screening companies (Apollo Kino / Forum Cinemas Latvia)
Latvian Competition Council (Riga)
Latvia 124 contributions 24545 visits
CC allows owner of “Apollo Kino” to buy OÜ “Forum Cinemas Latvia”* On June 3, the Competition Council (CC) adopted a decision to allow OÜ “MM Grupp”, a company registered in Estonia, representing several companies in Latvia, incl. Ltd. “Apollo Kino”, to acquire another company registered in (...)

A major telecommunications company resolves to unwind a failed acquisition of a mass media and entertainment conglomerate, notwithstanding rulings greenlighting the merger at both District Court and Appeals Court level (AT&T / Time Warner)
USC Gould School of Law (Los Angeles)
United States 8 contributions 3045 visits
This article has been nominated for the 2022 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. AT&T’s $102 billion acquisition of Time Warner in 2019 will go down in M&A history as an exceptionally illadvised transaction, resulting in the loss of (...)

The French Competition Authority unconditionally clears a merger between two media companies (Vivendi / Prisma Media)
Autorité de la concurrence (Paris)
France 747 contributions 409160 visites
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. (...)

The Dutch District Court of Rotterdam annuls the Competition Authority’s decision to conditionally approve the acquisition of a distributor of educational materials by a publisher and orders an assessment of the anticompetitive effects of potential product bundling by the merging parties (Iddink / Sanoma Learning)
Van Doorne (Amsterdam)
Netherlands 3 contributions 2223 visits
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Van Doorne (Amsterdam)
Netherlands 1 contribution 240 visits
The District Court of Rotterdam has annulled a decision in which the Dutch Authority for Consumers and Markets (ACM) approved the acquisition of Iddink by Sanoma Learning. This is the second time in 12 months that an approval decision by the relevant Dutch authorities has been annulled by the (...)

The French Competition Authority unconditionally approves the acquisition by a media company of a national horseracing publication (Turf / NJJ)
Autorité de la concurrence (Paris)
France 747 contributions 409160 visites
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 (...)

The Polish Competition Authority prohibits the acquisition of a radio broadcaster by a national media company (Eurozet / Agora)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22632 visits
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 (...)

The Polish Competition Authority blocks an acquisition between two media groups (Eurozet / Agora)
Bird & Bird (Warsaw)
Poland 19 contributions 3079 visits
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Bird & Bird (Warsaw)
Poland 19 contributions 3079 visits
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 (...)

The Dutch Competition Authority clears acquisition of national northern newspapers by a media company (Mediahuis)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36664 visits
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 (...)

The Polish Competition Authority expresses reservation about a takeover transaction in the media sector and indicates that such concentration may lead to the restriction of competition (Agora / Eurozet)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22632 visits
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 (...)

The Italian Competition Authority initiates an investigation into a cooperative joint venture between copyright collecting companies (New IMAIE / SCF)
Portolano Cavallo (Milan)
Italy 63 contributions 10332 visits
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 the merger between manufacturers of LCD panels (TCL China Star Optoelectronics Technology / Samsung Suzhou Module / Samsung Suzhou LCD)
Slovak Competition Authority (Bratislava)
Slovakia 57 contributions 5748 visits
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 the first decision authorizing a foreign acquisition following its temporary FDI screening mechanism during the COVID-19 pandemic (H&F Corporate Investors VIII / The Center for Electronic Settlements Polish ePayments)
Van Bael & Bellis (Brussels)
Belgium 40 contributions 10039 visits
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 (...)

The New Zealand Competition Authority issues a statement of preliminary issues relating to a proposed acquisition in the broadcasting sector (NEP Broadcast Services / Sky Network Television)
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25268 visits
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 the merger of two companies active in the acquisition of sports broadcasting rights in Czechia and Slovakia and in the sale of advertising space in Czechia (PPF / CME)
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2929776 visits
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 Broadcast Services / Sky Network Television)
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25268 visits
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 a joint takeover transaction in the audiovisual sector (Mediawan)
Autorité de la concurrence (Paris)
France 747 contributions 409160 visites
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 UK Competition Authority confirms its intention to cancel an investigation into a merger of online advertising agencies following the abandonment of the deal (Taboola / Outbrain)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 101241 visits
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 (...)

The German Competition Authority clears the acquisition of a publishing house by a media company (J. Bauer / Ruhr Nachrichten Verlag)
German Competition Authority (Bonn)
Germany 457 contributions 116556 visits
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, (...)

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)
Belgique 45 contributions 46196 visites
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Ashurst (Milan)
Italie 103 contributions 30183 visites
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Ashurst (Brussels)
Belgium 12 contributions 6473 visits
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 the provision of Italian law preventing a media company from acquiring 28% of the capital in a competitor as a measure of protecting pluralism of information is contrary to EU law (Vivendi / Mediaset)
European Court of Justice (Luxembourg)
Luxembourg 331 contributions 110063 visits
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 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)
Italy 63 contributions 10332 visits
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 Israeli Competition Authority files an indictment against a major film distributor and a cinema company for breach of merger conditions due to refusal to supply to the competing cinemas (Mooki Greidinger / Forum Film)
Israel Competition Authority (Jerusalem)
Israel 17 contributions 2187 visits
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 (Süddeutsche Zeitung / Frankfurter Allgemeine Zeitung)
German Competition Authority (Bonn)
Germany 457 contributions 116556 visits
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 the remedies agreed as part of the pay-TV merger authorisation for 3 years (Telefónica / DTS)
Spanish Competition Authority (CNMC) (Madrid)
Spain 143 contributions 31579 visits
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 a request for examination in connection with the merger affecting markets for digital imaging and healthcare IT (Fujifilm / FujiFilm Healthcare)
Austrian Competition Authority (Vienna)
Austria 64 contributions 7722 visits
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 charges of anticompetitive agreement entered into by a law enforcement equipment manufacturer with the seller of body-worn camera systems (Safariland / Axon / VieVu)
US Federal Trade Commission (FTC) (Washington)
United States 182 contributions 43085 visits
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 (...)

The Italian Supreme Court reinstates remedies imposed by the Italian Competition Authority to mitigate the effects of the acquisition of certain assets of the digital terrestrial Pay-TV (Sky / R2)
Ashurst (Brussels)
Belgique 45 contributions 46196 visites
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Ashurst (Milan)
Italie 103 contributions 30183 visites
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 Slovenian Administrative Court annuls the Competition Authority’s merger prohibition decision and divestment order in sports programming industry (Sport Klub)
Rojs, Peljhan, Prelesnik & partnerji (Ljubljana)
Slovenia 2 contributions 156 visits
On 4 September 2018 the Slovenian Competition Protection Agency (“CPA”) issued a merger control decision by which the CPA prohibited the acquisition of a broadcaster of several sport TV channels by United Group B.V. The CPA also ordered a divestment of sport TV channels. United Group B.V. (...)

The US FTC announces that a manufacturer of law enforcement equipment has agreed to settle charges filed against it for entering into anticompetitive agreements with the seller of body-worn camera systems (Safariland / Axon / VieVu)
US Federal Trade Commission (FTC) (Washington)
United States 182 contributions 43085 visits
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 the acquisition of a publishing company by a rival publisher operating in the markets for online news and online advertisement (Sanoma Media / DPG Media)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36664 visits
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 Austrian Competition Authority grants request to amend commitments undertaken as part of a merger previously cleared in the market for free TV and advertisement (Puls 4 / ATV)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 72634 visits
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 UK Competition Authority approves a 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)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 101241 visits
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)
Allen & Overy (Brussels)
Belgium 28 contributions 3366 visits
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)
Croatia 120 contributions 19937 visits
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 publishing market (Groupe Nice Matin / NJJ)
Autorité de la concurrence (Paris)
France 747 contributions 409160 visites
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 (...)

The Italian Competition Authority authorizes the acquisition of a media company by a private equity firm (F2I / Persidera)
Italian Competition Authority (Rome)
Italy 72 contributions 19202 visits
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)
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2929776 visits
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 conditionally clears the acquisition of a distributor of educational materials by a publisher (Iddink / Sanoma Learning)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36664 visits
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 (...)

The French Competition Authority conditionally clears the creation of a joint venture TV platform by three television channels (TF1 / France Télévisions / Métropole Télévision)
Autorité de la concurrence (Paris)
France 747 contributions 409160 visites
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 (...)

The EU Commission imposes a €28M fine on an imaging and optical products company for gun jumping (Canon / Toshiba)
Freshfields Bruckhaus Deringer (London)
United Kingdom 12 contributions 2103 visits
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Freshfields Bruckhaus Deringer (London)
United Kingdom 8 contributions 2704 visits
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Freshfields Bruckhaus Deringer (Brussels)
Belgium 6 contributions 892 visits
The Commission’s decision on 27 June 2019 to impose a €28 million fine on Canon for breaching EU notification and standstill obligations is the latest in a series of cases showing the Commission’s determination to take action against procedural infringements of EU merger control. It follows a (...)

The EU Commission imposes a fine of €28M for gun jumping in the imaging and optical products market (Canon / Toshiba)
Bird & Bird (Brussels)
Belgium 42 contributions 12491 visits
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 fines an optical products company for structuring a merger transaction to avoid premerger notification filings and the waiting period requirements (Canon / Toshiba)
Jones Day (Brussels)
Belgium 6 contributions 2791 visits
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Paul Weiss (Washington)
United States 3 contributions 533 visits
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Jones Day (Brussels)
Belgium 20 contributions 8329 visits
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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 (...)

The EU Commission imposes a €28M fine on a Japanese manufacturer of imaging and optical products for gun-jumping (Canon / Toshiba Medical Systems)
European Commission - DG COMP (Brussels)
Belgium 13 contributions 11069 visits
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Shearman & Sterling (London)
Royaume-Uni 30 contributions 14312 visites
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Shearman & Sterling (London)
Royaume-Uni 23 contributions 14293 visites
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 (...)

The US District Court of Columbia imposes a $2.5M 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)
United States 3 contributions 2478 visits
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Willkie Farr & Gallagher (New York)
United States 1 contribution 77 visits
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Bernstein Litowitz Berger & Grossmann
2 contributions 179 visits
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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”), (...)

The Italian Competition Authority imposes remedies in a proposed acquisition of a technical platform by a television broadcaster (Sky / R2)
Italian Competition Authority (Rome)
Italy 72 contributions 19202 visits
Abstract: the decision rejects the claim from the parties that the concentration was abandoned and therefore imposed on Sky measures to restore effective competition. Namely, the decision prohibits Sky to acquire new exclusive licenses over content or channels for distribution online for three (...)

The Italian Competition Authority conditionally clears a merger in the market for retail Pay-TV services (Sky / R2)
Luiss Guido Carli University (Rome)
Italy 27 contributions 5602 visits
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)
Poland 4 contributions 5408 visits
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European Commission - DG COMP (Brussels)
Belgium 2 contributions 235 visits
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White & Case (Warsaw)
Poland 2 contributions 235 visits
Background On 11 July 2018, the President of the Office of Competition and Consumer Protection (the “OCCP”) initiated merger clearance proceedings concerning the acquisition of Cinema 3D S.A. (”3D”) by Multikino S.A. (“Multikino”). Multikino is a cinema operator, which pre-merger ran 32 (...)

The Belgian Competition Authority conditionally approves a sole control acquisition in the media industry (De Vijver Media / Telenet)
Bird & Bird (Brussels)
Belgium 42 contributions 12491 visits
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Allen & Overy (Brussels)
Belgium 28 contributions 3366 visits
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Bird & Bird (Brussels)
Belgium 13 contributions 2074 visits
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)
Belgium 120 contributions 24203 visits
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)
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2929776 visits
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 for the examination of a merger in the audiovisual sector (Salto)
Autorité de la concurrence (Paris)
France 747 contributions 409160 visites
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 (...)

The Italian Competition Authority opens an in-depth investigation to assess a proposed acquisition in the pay-TV market (Sky / R2)
Luiss Guido Carli University (Rome)
Italy 27 contributions 5602 visits
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 DC Circuit 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)
États-Unis 78 contributions 39175 visites
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. (...)

The US Court of Appeals for the DC Circuit upholds the District Court’s decision and rejects the DoJ’s efforts to block a merger between two big media companies (AT&T / Time Warner)
Hogan Lovells (Washington)
United States 19 contributions 7835 visits
On 26 February 2019 AT&T won its appeal at the U.S. Court of Appeals for the District of Columbia Circuit when the district court’s decision denying the government’s attempt to block AT&T from acquiring Time Warner Inc. was upheld. This ends a lengthy antitrust saga that began with (...)

The US Court of Appeals for the DC Circuit upholds the District Court decision finding a merger in the video distribution sector unlikely to harm competition (AT&T / Time Warner)
McDermott Will & Emery (Washington)
États-Unis 13 contributions 2861 visites
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McDermott Will & Emery (Washington)
United States 18 contributions 3607 visits
“[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 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 (Athens)
Greece 62 contributions 2481 visits
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)
France 747 contributions 409160 visites
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)
Mexico 139 contributions 27038 visits
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 the merger which would result in a 90% share in the market for steel drums (Greif / Rheem)
Toulouse School of Economics
France 7 contributions 4292 visits
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University of Witwatersrand (Johannesburg)
South Africa 5 contributions 7149 visits
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European University Institute (Florence)
Italy 2 contributions 2081 visits
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 (...)

The Irish Competition Authority clears a merger in the media sector subject to a behavioural remedy of ring-fencing (Trinity Mirror / Northern & ShellOpens)
Matheson (Dublin)
Ireland 13 contributions 1458 visits
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An Post (Dublin)
Ireland 10 contributions 783 visits
The Irish competition regulator has this week cleared a media merger, subject to a behavioural remedy of ‘ring-fencing’. However, the parties cannot complete the deal for some time yet, as a separate Irish media plurality process may only commence now such that the total length of the Irish (...)

The Irish Competition Authority clears a merger subject to remedies in the media sector (Reach / Northern / Shell Network)
Irish Competition Authority (Dublin)
Ireland 104 contributions 16686 visits
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 (...)

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)
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2929776 visits
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 unconditionally clears the acquisition of a multimedia company by the German group which owns an online property portal (Axel Springer / Concept Multimédia)
Autorité de la concurrence (Paris)
France 747 contributions 409160 visites
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 (...)

The Hellenic Competition Authority clears the acquisition in the media investment sector (Epsilon / Dimera)
Kyriakides Georgopoulos (Athens)
Greece 62 contributions 2481 visits
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Zepos & Yannopoulos (Athens)
Greece 28 contributions 1001 visits
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 (...)

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)
Municipality of Cagliari
168 contributions 134234 visites
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 the Commission’s conditional merger clearance in the audiovisual sector (Liberty Global / Ziggo)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 72634 visits
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 overturns the EU Commission’s merger clearance relating to pay-TV sports channel industry (Liberty Global / Ziggo)
Dechert (Brussels)
Belgium 26 contributions 36518 visits
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Latham & Watkins (Brussels)
Belgium 1 contribution 384 visits
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 (Dublin)
Ireland 12 contributions 1179 visits
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 (...)

The French Competition Authority clears a merger in the telecommunication and media sector (SFR / Groupe News Participation)
Autorité de la concurrence (Paris)
France 747 contributions 409160 visites
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 (...)

The EU Commission conditionally approves the acquisition of de facto sole control over an Italian incumbent telecommunications company, subject to remedies (Telecom Italia / Vivendi)
European Commission - DG COMP (Brussels)
Belgium 1 contribution 371 visits
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European Commission - DG Internal Market and Services (Brussels)
Belgium 5 contributions 3397 visits
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European Commission - Secretariat General (Brussels)
Belgium 5 contributions 768 visits
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)
Espagne 170 contributions 47170 visites
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)
Fangda Partners (Hong Kong)
Hong Kong 3 contributions 274 visits
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Freshfields Bruckhaus Deringer (Beijing)
China 17 contributions 18080 visits
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Freshfields Bruckhaus Deringer (London)
United Kingdom 8 contributions 836 visits
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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 (...)

The Australian Competition Authority publishes draft media merger guidelines
Social Ventures Australia (Sydney)
1 contribution 235 visits
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 (...)

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)
France 747 contributions 409160 visites
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 the acquisition of a film exhibition business by a cinema theatre company subject to conditions (PVR / DUL)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43042 visits
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 (...)

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)
France 747 contributions 409160 visites
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)
Montenegro 17 contributions 1496 visits
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 (...)

The Spanish Competition Authority fines two media companies for breaching commitments attached to the their previously completed concentrations in the audiovisual market (Mediaset and Atresmedia)
Callol, Coca & Asociados (Madrid)
Espagne 170 contributions 47170 visites
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Callol, Coca & Asociados (Madrid)
Espagne 65 contributions 22311 visites
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Callol, Coca & Asociados (Madrid)
Spain 61 contributions 4205 visits
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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, (...)

The Belgian Competition Authority fines an undertaking for impeding a market inquiry by providing information late (Sanoma Media)
Belgian Competition Authority (Brussels)
Belgium 120 contributions 24203 visits
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 conditionally clears a merger in the regional daily press market (Les Journaux du Midi / La Dépêche du Midi)
Autorité de la concurrence (Paris)
France 747 contributions 409160 visites
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 (...)

The French Competition Authority clears a merger in the daily newspaper market (Libération and L’Express / Mr Drahi)
Autorité de la concurrence (Paris)
France 747 contributions 409160 visites
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), (...)

The UK Competition Authority reviews a structural merger remedy in the market of media related services (GTCR Canyon / Gorkana)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 101241 visits
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)
Croatia 120 contributions 19937 visits
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 (...)

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)
Espagne 170 contributions 47170 visites
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Callol, Coca & Asociados (Madrid)
Espagne 65 contributions 22311 visites
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Callol, Coca & Asociados (Madrid)
Spain 61 contributions 4205 visits
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 (...)

The Spanish Competition Authority clears the acquisition of the first national pay-TV provider by a direct competitor (Telefónica / DTS)
LaLiga (Madrid)
7 contributions 4449 visits
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Spanish Competition Authority (CNMC) (Madrid)
Spain 1 contribution 544 visits
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 (...)

The Canadian Competition Authority clears a transaction in the media sector revealing a possible shift in the Authority’s analytical framework for media mergers (TVA Group / Transcontinental)
Stikeman Elliott (Toronto)
Canada 2 contributions 553 visits
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 Authority removes the commitments imposed on broadcasting companies in the context of the acquisition of a pay-TV broadcaster (TV4 / MTV)
Roschier (Helsinki)
Finland 11 contributions 8949 visits
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)
European Commission - DG CNECT (Brussels)
Belgium 1 contribution 504 visits
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European Commission - DG COMP (Brussels)
Belgium 2 contributions 708 visits
"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 conditionally clears a merger in the TV-broadcasting sector (Canal Plus / D8 and D17 TV Channels)
Autorité de la concurrence (Paris)
France 747 contributions 409160 visites
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)
Belgique 21 contributions 16003 visites
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 Authority does not oppose the proposed acquisition of a media monitoring business by a privately owned media intelligence company (iSentia / Australian Associated Press)
Australian Competition and Consumer Commission (Canberra)
Australia 397 contributions 84350 visits
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. (...)

The German Competition Authority clears acquisition of minority shares in several TV channels by a paid TV service supplier (Sky / Sport1 and others)
German Competition Authority (Bonn)
Germany 457 contributions 116556 visits
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 French Competition Authority conditionally clears an acquisition of sole control on the pay-TV market (Canal Plus Overseas / Mediaserv)
Autorité de la concurrence (Paris)
France 747 contributions 409160 visites
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 Ofcom to be provided with decision-making powers in mergers raising media plurality concerns
University of Glasgow (Glasgow)
United Kingdom 3 contributions 1372 visits
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 on the commitments proposed for an acquisition in the TV-broadcasting sector (Canal Plus / D8 and D17 TV Channels)
Autorité de la concurrence (Paris)
France 747 contributions 409160 visites
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 (...)

The Russian Competition Authority various acquisitions by a company active in the media sector (Ecofran)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57096 visites
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 (...)

The Portuguese Competition Authority conditionally clears a telecoms merger (Kento Unitel Sonaecom/ZON Optimus)
Sérvulo (Lisbon)
Portugal 18 contributions 26037 visits
On the August 26, 2013, the Portuguese Competition Authority (“PCA”) issued a Decision of Non-opposition, with remedies, regarding a concentration notified in February 1, 2013 (under every notification criteria under article 37 (1) of the Portuguese Competition Law – Lei n.º 19/2012, of May (...)

The French Competition Authority approves the implementation of an injunction after a merger in the pay TV sector (Canal Plus / TPS)
Autorité de la concurrence (Paris)
France 747 contributions 409160 visites
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 Lithuanian Competition Council approves an acquisition on the market for TV broadcasting (LNK / Baltijos)
Lithuanian Competition Authority (Vilnius)
Lithuania 106 contributions 20824 visits
LNK Television acquires Baltijos Television* On 22 May 2013, the Competition Council (Konkurencijos taryba, KT) cleared a merger wherein UAB Laisvas ir nepriklausomas kanalas (LNK) acquired 100 per cent of UAB Baltijos TV (BTV) shares. LNK is engaged in broadcasting of television programs (...)

The German Competition Authority prohibits a merger between cable network operators (Tele Columbus / Kabel Deutschland)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 72634 visits
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 German Competition Authority prohibits a merger between two major TV-cable network operators (Tele Columbus / Kabel Deutschland)
German Competition Authority (Bonn)
Germany 457 contributions 116556 visits
Bundeskartellamt prohibits takeover of Tele Columbus by Kabel Deutschland* The Bundeskartellamt has prohibited plans by Kabel Deutschland Holding AG (KDG) to acquire the cable network operator Tele Columbus GmbH. Andreas Mundt, President of the Bundeskartellamt: ""After intensive (...)

The Spanish Competition Authority imposed its highest fine ever for a breach of commitments in a merger case in the TV industry (Mediaset / Cuatro)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 72634 visits
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 €30M fine imposed on pay-TV operators for failure to comply with commitments (Vivendi / Canal Plus)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 72634 visits
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 French Constitutional Council upholds the constitutionality of the Competition Authority’s power to withdraw merger clearance decisions and of its internal organisation (Canal / Vivendi)
Herbert Smith Freehills (Paris)
France 101 contributions 46894 visits
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French Competition Authority (Paris)
France 8 contributions 2435 visits
Following a request for a preliminary ruling on constitutionality by Groupe Canal Plus (“Canal Plus”) and Vivendi Universal (“Vivendi”, parent company of Canal Plus), on 12 October 2012 the French Constitutional Council upheld the constitutionality of the power of the French Competition (...)

The EU Commission develops a novel theory of harm based on the effect of the transaction on the bargaining power of the new entity (Universal Music Group / EMI Music)
Charles River Associates International (CRA) (Brussels)
Belgium 19 contributions 31518 visits
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The Graduate Institute for International and Development Studies (Geneva)
Switzerland 15 contributions 33726 visits
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European Commission - DG COMP (Brussels)
Belgium 9 contributions 7036 visits
This article has been nominated for the 2014 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Mergers and bargaining power: back to the future? Insights from the Universal/EMI merger* The decision to approve the acquisition of EMI’s recorded music (...)

The US FTC closes an investigation and clears a merger in the market for commercial distribution of recorded music (Universal Music Group / EMI Music)
Cleveland University - Marshall School of Law (Cleveland)
United States 12 contributions 14994 visits
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 (...)

The Spanish Government partially overturns the Competition Authority’s phase 2 merger decision regarding the audiovisual sector and softens the merger conditions (Antena 3 / La Sexta)
Callol, Coca & Asociados (Madrid)
Espagne 170 contributions 47170 visites
On 24 August 2012 the Cabinet, using the powers granted to that end by the 2007 Competition Act, has decided to soften the conditions included in the NCC Decision. The Cabinet has acted using as legal basis Article 60 of the Competition Act, which enables the Government (the Cabinet) to amend (...)

The French Competition Authority conditionally clears a merger in the television sector (Canal Plus / Direct 8)
Autorité de la concurrence (Paris)
France 747 contributions 409160 visites
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 (...)

The Spanish Competition Authority approves a merger in the audiovisual market subject to conditions (Antena 3/La Sexta)
Callol, Coca & Asociados (Madrid)
Espagne 170 contributions 47170 visites
Following a second phase in-depth investigation, the Spanish NCC concluded that the operation could give rise to significant competition issues in several audiovisual markets in Spain, specially the television advertising market, due to the Antena 3‘s increased market power and the enhanced (...)

The Latvian Competition Authority conditionally approves a merger on the market for TV broadcasting (MTG / Latvijas Neatkarīgā)
Latvian Competition Council (Riga)
Latvia 124 contributions 24545 visits
Binding Obligations set to Merger of Broadcasting Companies* On 11 May 2012 the Competition Council (CC) adopted a decision to approve proposed merger of MTG Broadcasting AB (MTG) and AS Latvijas Neatkarīgā Televīzija – owners of the two leading private TV channels with Latvian language (...)

Mergers in the broadcasting sector: An overview of EU and national case law
University College London
United Kingdom 5 contributions 2718 visits
The author has advised in relation to a number of cases mentioned in this article including News Corp / Telepiu, News Corp / Sky and Sky/ITV. The broadcasting sector has seen an extraordinary decade of transformation. Mapping the history of European merger control enforcement through (...)