Search results - Concurrences

28 Oct 2020 B

The EFTA Surveillance Authority approves grant scheme for local broadcasting in Norway

EFTA Surveillance Authority • October 2020

ESA approves grant scheme for local broadcasting in Norway* The EFTA Surveillance Authority (ESA) has today approved a Norwegian state aid grant scheme to support the digitisation of local TV and radio broadcasters. The main objectives of the scheme are to contribute to media pluralism and (...)

3 Sep 2020 B

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 • September 2020

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. (...)

1 May 2020 R

The role of media pluralism in the enforcement of EU competition law, Konstantina BANIA

Rebekka Schlieper • N° 2-2020 • pp. 274-275

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

22 Apr 2020 R

Audiovisual: The French Audiovisual Council takes a number of decisions relating to respect of the principle of pluralism in the audiovisual media (Les Patriotes, Debout la France)

Sebastien Martin • N° 3-2020 • p. 166

The health crisis and the measures taken under the state of emergency decreed by the government have turned the lives of the French people upside down, as well as the media. In particular, in information programmes, members of the Government found themselves at the forefront of the media scene. (...)

10 Apr 2020 B

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)

Dutch Competition Authority • April 2020

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 (...)

12 Mar 2020 B

The UK Competition Authority approves media company’s acquisition of almost 50 radio stations, subject to requirement that local radio stations have access to advertising representation (Bauer Media Group)

UK Competition Authority • Merger Remedies

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 (...)

1 Feb 2020 R

The Role of Media Pluralism in the Enforcement of EU Competition Law, Konstantina BANIA

Stéphane Rodrigues • N° 1-2020 • p. 246

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

19 Dec 2019 B

The Canadian Competition Bureau announces that agencies and brands involved in influencer marketing have to comply with the Competition Act

Steve Szentesi • December 2019

INFLUENCER ADVERTISING: COMPETITION BUREAU INCREASES PRESSURE ON BRANDS AND AGENCIES TO COMPLY WITH THE COMPETITION ACT* Practical Law Canada has published a New Legal Update, which discusses the Competition Bureau’s new guidelines for influencer advertising. While the Bureau’s new guidelines (...)

1 Oct 2019 eB

The Role of Media Pluralism in the Enforcement of EU Competition Law Chapter 7 - Conclusions

Konstantina Bania

K. Bania — The Role of Media Pluralism in the Enforcement of EU Competition Law 267 CHAPTER 7 CONCLUSIONS The Objective This study set out to explore to what extent the enforcement of EU competition rules can contribute to the protection of media pluralism, a value that has long been (...)

1 Oct 2019 eB

The Role of Media Pluralism in the Enforcement of EU Competition Law Chapter 6 - Digital Intermediaries and Article 102 TFEU: The Case of Google

Konstantina Bania

K. Bania — The Role of Media Pluralism in the Enforcement of EU Competition Law 209 CHAPTER 6 DIGITAL INTERMEDIARIES AND ARTICLE 102 TFEU: THE CASE OF GOOGLE Introduction The previous Chapter studied, inter alia, the role of a category of digital intermediaries, namely digital stores, in shaping (...)

1 Oct 2019 eB

The Role of Media Pluralism in the Enforcement of EU Competition Law Chapter 5 - Antitrust Control in Print and Digital Publishing

Konstantina Bania

K. Bania — The Role of Media Pluralism in the Enforcement of EU Competition Law 161 CHAPTER 5 ANTITRUST CONTROL IN PRINT AND DIGITAL PUBLISHING Introduction The previous Chapter dealt with mergers and acquisitions in the broadcasting sector. It was seen that, due to the significant economies of (...)

1 Oct 2019 eB

The Role of Media Pluralism in the Enforcement of EU Competition Law Chapter 4 - EU Merger Control in the Broadcasting Sector

Konstantina Bania

K. Bania — The Role of Media Pluralism in the Enforcement of EU Competition Law 117 CHAPTER 4 EU MERGER CONTROL IN THE BROADCASTING SECTOR Introduction One of the first steps in answering the question of how EU competition law can be applied so as to take account of media pluralism was to (...)

1 Oct 2019 eB

The Role of Media Pluralism in the Enforcement of EU Competition Law Chapter 3 - EU Competition Law and Media Pluralism: Is pluralism a market access equivalent, a restriction of competition, or maybe something else?

Konstantina Bania

K. Bania — The Role of Media Pluralism in the Enforcement of EU Competition Law 85 CHAPTER 3 EU COMPETITION LAW AND MEDIA PLURALISM: IS PLURALISM A MARKET ACCESS EQUIVALENT, A RESTRICTION OF COMPETITION, OR MAYBE SOMETHING ELSE? Introduction The previous Chapter examined whether digital (...)

1 Oct 2019 eB

The Role of Media Pluralism in the Enforcement of EU Competition Law Chapter 2 - Media Pluralism and the Myth of Communication Abundance

Konstantina Bania

K. Bania — The Role of Media Pluralism in the Enforcement of EU Competition Law 39 CHAPTER 2 MEDIA PLURALISM AND THE MYTH OF COMMUNICATION ABUNDANCE Introduction In the midst of the changes brought about by digital technologies, policymakers from across Europe have started rethinking the status (...)

1 Oct 2019 eB

The Role of Media Pluralism in the Enforcement of EU Competition Law Chapter 1 - Introduction

Konstantina Bania

K. Bania — The Role of Media Pluralism in the Enforcement of EU Competition Law 1 CHAPTER 1 INTRODUCTION Introduction Digitization, the diffusion of broadband networks, and improvements in computing and wireless technologies are rapidly changing the media ecosystem as we know it. On the supply (...)

4 Sep 2019 eB

Grands arrêts du droit de la concurrence - Volume IV Chapitre 2 Audiovisuel et Presse
2.1 Organisation du marché

Chapitre 2 audiovisuel et presse 130 1 o rganisation du marChé 1.1 acc?s au march? Ce, 30 mars 2016, soci?t? diversit? tv, n? 395702 Le Conseil d'État annule la décision du Conseil supérieur de l'audiovisuel abrogeant l'autorisation de diffusion d'une chaîne de télévision L'automne dernier, le (...)

4 Sep 2019 eB

Grands arrêts du droit de la concurrence - Volume IV 2.2 Rôle des Autorités

160 2 Rôle des Autorités 2.1 Statut Loi du 15 nov. 2013 relative à l'indépendance de l'audiovisuel public, JORF n° 0266 du 16 nov. 2013 Le législateur réforme une nouvelle fois le statut et les compétences du Conseil Supérieur de l'Audiovisuel Introduction Le législateur a été saisi, depuis le mois de (...)

1 Mar 2017 R

Exclusionary strategy: The French Supreme Court rejects a claim against a Paris Court of Appeal ruling confirming a decision of the French Competition Authority fining a newspaper’s owner for exclusionary practice during the launch of a new newspaper which had no economic sense but to hinder entry of new competitor on the daily press market for sport (Amaury)

Anne Wachsmann, Nicolas Zacharie • N° 2-2017 • p. 102

In a decision dated March 1, 2017, the French Supreme Court (Cour de cassation) dismissed the Amaury group’s appeal against the Paris Court of Appeal’s decision, which had upheld the Competition Authority’s decision against the Amaury group for eviction practices against Le Journal du Sport (CA (...)

22 Feb 2017 R

Media pluralism: The French Supreme Administrative Court annuls a decree extending to weekly publications support measures for press pluralism, on the grounds that it establishes illegal state aid (Valmonde)

Raphaël Vuitton • N° 2-2017 • pp. 148-149

Anxious to preserve press pluralism, the French authorities introduced, by Decree No 86-616 of 12 March 1986 (JORF 1986, p. 4702, hereinafter the ’1986 Decree’), an aid scheme for national daily political and general information newspapers with low advertising resources. Only national daily (...)

23 Dec 2016 B

The Italian Regional Administrative Court of Lazio annuls antitrust fines in football TV rights case (Italian Football League)

Rosa Perna • December 2016

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

23 Dec 2016 B

The Italian Regional Administrative Court of Lazio annuls the decision of the Italian Competition Authority concerning an alleged violation of Art. 101 on the sale of broadcasting rights (Sky / RTI / Lega Calcio / Infront)

Jacques Buhart • December 2016

SALE OF SERIE A BROADCASTING RIGHTS, THE REGIONAL ADMINISTRATIVE COURT OF LAZIO ANNULS THE DECISION OF THE ITALIAN COMPETITION AUTHORITY* On 23 December 2016, the Regional Administrative Court of Lazio (the TAR) annulled the decision of the Italian Competition Authority (the Authority), (...)

1 Dec 2015 eB

Ian Forrester - A Scot Without Borders Liber Amicorum Vol. II Part IV - Competition Law
Merger control in regulated sectors: a bridge too far?

Peter Alexiadis

1 Ian S. Forrester | A Scot without Borders - Liber Amicorum - Volume II Part IV Competition Law 3 Ian S. Forrester | A Scot without Borders - Liber Amicorum - Volume II Merger control in regulated sectors : a bridge too far? PETER A LEXIADIS * I. Introduction The introduction of European Union (...)

4 Jun 2015 R

Clearance: The French Competition Authority clears a merger in the local news industry (Journal Midi Libre/Groupe La Dépêche du Midi)

Alain Ronzano • N° 4-2015

Autorité de la concurrence, 4 June 2015, decision n°15-DCC-63 (Journal Midi Libre/Groupe La Dépêche du Midi) Decision No. 15-DCC-63 of 4 June 2015 relates to the acquisition of exclusive control of Société du Journal Midi Libre by the company Groupe La Dépêche du Midi. The French Competition (...)

29 Oct 2013 B

The Argentinean Supreme Court declares media law constitutional (Grupo Clarín)

Lucas Sebastian Grosman • October 2013

In 2009, the Argentine Congress passed Law 26522 (“Media Law”), which regulates different aspects of the media. Inter alia, the Media Law includes severe restrictions on the amount of cable and open television licenses that a firm can hold, on the total market share of any single media (...)

11 Jun 2013 B

The Mexican Parliament adopts sweeping telecom reforms aiming at cracking down dominant operators and induces significant reforms on competition law and agency

Luis Gerardo Garcia Santos Coy, Marie Potel-Saville • June 2013

On June 11th, 2013, a significant amendment to the Mexican Constitution known as “the new Telecommunications Act”, which also significantly impacts the competition regime, was enacted, and will enter into force on June, 12th. The amendment is seen as resulting from the "Pact for Mexico", entered (...)

16 Apr 2013 R

Commitments: The French Competition Authority authorizes a concentration in the regional newspaper sector, conditional on commitments (Rossel, Hersant Média)

Estelle Jegou, Sergio Sorinas • N° 3-2013 • p. 122

By a decision of 16 April 2013, the French Competition Authority authorised, subject to the implementation of commitments, the acquisition of the Champagne-Ardennes-Picardie Cluster. (hereinafter ’the CAP division’) of the Hersant Média group (hereinafter ’GHM’) by the Belgian press group Rossel. (...)

16 Apr 2013 R

Behavioral remedies: The French competition authority the acquisition of sole control of a press group by a competing group in the northern part of France (Rossel/Hersant Média)

Alain Ronzano • N° 3-2013

On 16 April 2013, the Competition Authority adopted an authorisation decision subject to commitments. The decision in question is Decision No. 13-DCC-46 du relating to the acquisition of sole control by the Rossel group of the companies in the "Champagne Ardennes Picardie" division of the (...)

15 Jan 2013 B

The Argentinean Supreme Court prevents the application of competition provisions of the new regulatory broadcasting framework that forces the country’s biggest media conglomerate to break up (Grupo Clarin)

Santiago Rossi • January 2013

Against the expectations of the government of Argentina, the Argentinean Supreme Court, agreed to the request of the biggest Argentinean media conglomerate, Grupo Clarín, and extended on 27 December 2012 an injunction which suspended the adjustment obligation established under Section 161 of the (...)

23 Nov 2012 B

The Luxembourg Competition Authority accepts commitments in press distribution sector (Valora)

European Competition Network Brief • November 2012

Luxembourg: The Competition Council accepts Commitments in Press Distribution Sector* By its decision of 23 November 2012, the Competition Council has accepted commitments by Valora Luxembourg s.à.r.l. (Valora), the Luxembourgish subsidiary of Valora Holding SA (Switzerland), that address the (...)

24 Aug 2012 B

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)

Pedro Callol • August 2012

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 (...)

13 Jul 2012 B

The Spanish NCA approves a merger in the audiovisual market subject to conditions (Antena 3/La Sexta)

Pedro Callol • July 2012

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 (...)

19 Jun 2012 B

The UK Ofcom publishes its report on measuring media plurality

Michael Harker • June 2012

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

30 Jan 2012 B

The Polish Competition Authority fines cable TV operator for providing incorrect information in merger control proceedings (UPC / Aster)

Anna Gulinska, Pawel Wanasz • January 2012

On January 30, 2012, the Chairperson of the Polish Office for Competition and Consumer Protection (the UOKiK) issued a decision in a case relating to the provision of incorrect information by UPC Polska sp. z o.o. (UPC) in merger control proceedings concerning the acquisition of Aster sp. z (...)

11 Jan 2012 B

The French Criminal Supreme Court puts an end to its preferential treatment having regard to the search for evidence of anticompetitive practices (Amaury)

Fanny Armand • January 2012

Historically, in France, the press industry benefited from a preferential treatment. Due to the specific nature of its activity and the importance of the freedom of the press, the undertakings operating in the press industry were not subject to the same rules as the other undertakings. In (...)

24 Oct 2011 B

The German Federal Court of Justice confirms dismissal of wholesaler action against the publisher of newspapers and magazines (Bauer Media Group)

Tim Kasten • October 2011

On 24 October 2011, the German Federal Court of Justice (the Court) dismissed the appeal of a press distributor (the “plaintiff”) who had brought an action against a publisher (the “defendant”), claiming that the publisher was under a duty to continue supplying the distributor on an exclusive (...)

25 Jul 2011 B

The UK Competition Commission cancels an inquiry following bid withdrawal (News Corp/ BSkyB)

Ilan Sherr • July 2011

Summary On 25 July 2011, the Competition Commission (CC) announced that it had cancelled its inquiry into News Corporation’s (News Corp) proposed acquisition of the remaining 60.9% share in the British Satellite Television services provider, British Sky Broadcasting Group Plc (BSkyB). The (...)

25 Jan 2011 B

The UK Government intends to refer a merger in the audiovisual sector to Competition Commission if satisfactory commitments are not offered (News Corp, BSkyB)

Porter Elliott • January 2011

On 25 January 2011, the UK Culture Secretary Jeremy Hunt announced that he is “minded” to refer News Corp‘s proposed buy-out of UK satellite broadcaster BSkyB to the Competition Commission due to concerns surrounding the transaction’s impact on media plurality in the UK. News Corp already owns a (...)

21 Dec 2010 R

Vertical and conglomerate assessments: The European Commission examines potential vertical foreclosure issues in media sector (News Corp/BSkyB)

David Hull • N° 3-2011 • pp. 150-152

Comm. eur., 21 décembre 2010, News Corp/BSkyB, aff. COMP/M.5932 By its decision of 21 December 2010, the European Commission cleared News Corp’s proposed acquisition of the remaining 60.86 % of the shares in BSkyB that it did not already own. The transaction will bring together Rupert Murdoch’s (...)

4 Nov 2010 B

The UK OFCOM investigates implications on media plurality arising from a merger in the audiovisual sector (News Corp / BSkyB)

Porter Elliott • November 2010

On 4 November 2010, the UK Secretary of State for Business, Innovation and Skills instigated an investigation by the UK Office of Communications (Ofcom) into the implications that News Corp’s proposed buyout of UK satellite broadcaster BSkyB may have for media plurality in the UK. The first (...)

8 Jun 2010 B

The German Federal Court confirms the dismissal of an appeal against a media merger prohibition (Axel Springer / ProSiebenSat.1 Media)

Tomasz Krzywicki • June 2010

Decision In the ruling dated 8.6.2010 (KVR 4/09) the German Federal Supreme Court confirmed that the media merger between Axel Springer AG and broadcasting company ProSiebenSat.1 Media AG on in January 2006 by the German Competition Authority (Bundeskartellamt) would lead to increased (...)

10 May 2010 B

An Italian Regional Administrative Tribunal annuls a decision from the NCA for the ineffectiveness of the undertakings imposed to address the competition concerns raised on the market for broadcasting rights of football matches (Conto TV)

Alfonso Ricciardelli • Judicial review

The Regional Administrative Tribunal for Lazio annuls a decision from the Italian Competition Authority for the ineffectiveness of the undertakings and forces the Authority to restart the proceedings and repeat the market test on the basis of the 287/1990 and 241/1990 laws and the EU Regulation (...)

21 Jan 2010 B

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

Ilan Sherr • January 2010

On 21 January 2010, the Court of Appeal dismissed an application by British Sky Broadcasting Group plc (Sky) to set aside the decision requiring it to divest part of its shareholding in ITV plc (ITV). The Court of Appeal upheld the conclusion that Sky’s acquisition of a 17.9% shareholding in ITV (...)

18 Dec 2009 B

The French Competition Authority issues an opinion on the possible implementation of retail price maintenance scheme for digital books

European Competition Network Brief • December 2009

France: The Autorité de la concurrence recommends not to apply RPM to Digital Books and suggests Contractual Models for Relations between Publishers and Digital Librarians On 18 December 2009, the Autorité de la concurrence (hereafter: the Autorité) delivered its opinion on the possible (...)

28 Sep 2009 B

The Estonian Competition Authority gives second phase merger clearance to the merger of two market leaders leading to 66% post-merger market share in the field of leading media (Cheh OÜ/Ekspress Hotline)

Tiiu Iverson • September 2009

The case concerns the merger of two market leaders in the field of the so-called leading media Cheh OÜ and Ekspress Hotline, as a result of which the Latvian holding company SIA Contact Holding, owner of Cheh OÜ, acquired dominant influence over 66% of the relevant market in Estonia. The merger (...)

29 Jul 2009 B

The Portuguese Competition Authority recommends that the Regional Government of Madeira notify to the EU Commission State aid granted to a newspaper editor (Jornal da Madeira)

Miguel Mendes Pereira, Myriam Ouaki • July 2009

On 29 July 2009 the Portuguese Competition Authority issued a recommendation addressed to the Regional Government of the Archipelago of Madeira urging the notification to the European Commission of financial support amounting to € 23,4 million granted until 2007 to Jornal da Madeira, a newspaper (...)

2 Jul 2009 B

The Luxembourg Competition Authority releases a termination decision removing suspicions of competition law infringements consisting in cross-subsidizing and abuse of collective dominance by a press group concerning a free daily newspaper (Nicolas / L’Essentiel)

Philippe-Emmanuel Partsch, William Simpson • July 2009

The Luxembourg Competition Council has released a termination decision on 2 July 2009 (Décision n° 2009-FO-01) removing suspicions of competition law infringements by the Groupe de Presse Nicolas. Generally speaking, the case is interesting in the sense it shows how market players active in the (...)

2 Jan 2009 B

The Irish Advisory group on media mergers renders its review of the analysis of media mergers under the Competition Act 2002 (Report to the Tánaiste and the Minister for Enterprise)

Orla Lynskey • January 2009

In March 2008 the then Minister for Enterprise, Trade and Employment commissioned a report to review the public interest aspects of the legal framework applicable to media mergers in Ireland. This review was undertaken in the context of a broader review of the Competition Act 2002 (the 2002 (...)

22 Oct 2008 B

The UK OFT publishes an opinion on the legality of newspaper and magazine distribution agreements

Andrzej Kmiecik • October 2008

On 22 October 2008, the UK Office of Fair Trading (“OFT”) issued three publications setting out its analysis of competition in newspaper and magazine distribution in the UK. These publications comprise (i) an opinion providing competition law guidance on the legality of newspaper and magazine (...)

22 Oct 2008 B

The UK OFT reviews the national newspapers code of practice

Andrzej Kmiecik • October 2008

On 22 October 2008, the UK Office of Fair Trading (“OFT”) issued three publications setting out its analysis of competition in newspaper and magazine distribution in the UK. These publications comprise (i) an opinion providing competition law guidance on the legality of newspaper and magazine (...)

29 Sep 2008 B

The UK Competition Appeal Tribunal rules on appeal against a merger control decision (BSkyB / ITV case)

Porter Elliott • September 2008

On 29 September 2008, the UK Competition Appeal Tribunal (“CAT”) issued its ruling on two rival appeals brought by BSkyB and Virgin Media against the decision of the Secretary of State for Business, Enterprise and Regulatory Reform of earlier this year ordering BSkyB to reduce its interest in (...)

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