Susanne Nikoltchev Head of Department for Legal Information European Audiovisual Observatory Florence, 28 October 2012 http://cmpf.eui.eu/events/policy-conference.aspx

1. CoE National Cases on Pluralism
Susanne Nikoltchev
Head of Department for Legal Information
European Audiovisual Observatory
Florence, 28 October 2012

2. IRIS Special 2012
I. EU Law
II. National Legal Frameworks
CH GB NL
DE HU NO
FR IT PL
ES LU
III. Market Data
IV. Analysis
http://www.obs.coe.int/oea_publ/iris_special/index.html
Susanne Nikoltchev, 28 October 2012 2

3. Agenda: Focus Regulating Market Power
1. Is media-specific anti-concentration
(msac) regulation still important?
2. What is the role of competition law?
3. What other rules have an impact on
media power?
Explained with selected national cases
Susanne Nikoltchev, 28 October 2012

4. Focus: Regulation of Market Power
Other
Media-
specific
competition
Regulation
Susanne Nikoltchev, 28 October 2012 4

5. Is media-specific anti-concentration (msac)
regulation still important ?
Linear services (TV broadcasting)
• Classical area for msac, exists in all
countries of study except NL, UK, LU
• Alternatively or additionally
concentration regulation via licensing
(incl. UK, LU)
• Monitoring in NL and UK
Susanne Nikoltchev, 28 October 2012
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6. Is media-specific anti-concentration (msac)
regulation still important ?
Non-linear services
Not targeted by msac
Not targeted by licensing
Possible inclusion in the future?
E.g. UK, France
Case law: Axel Springer AG’s acquisition
of ProSiebenSat1 as a lead?
Susanne Nikoltchev, 28 October 2012
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7. What is the role of competition law?
Definition of markets
Focus: complementary markets
1 of 2 leading commer-
Polish case:
cial national TV channels
Spartan Holding Several other TV channels
Satellite TV platform
acquires Some major VoD services
leading mobile
Polkomtel
telephony operator
Susanne Nikoltchev, 28 October 2012
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8. What is the role of competition law?
Definition of markets
Focus: complementary information sources
Hungary: press case (application withdrawn)
In… Poland,
Axel Springer Czech Republic
companies Hungary
to merge with
In… Serbia,
Ringier Bosnia-Herzegovina,
companies Slovakia, Czech Republic,
Hungary
Susanne Nikoltchev, 28 October 2012
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9. What is the role of competition law?
General national legal framework
merger & acquisitions
abuse of dominant positions
Characteristics:
applicable to all sectors
case-by-case
ex post
flexible remedies
Susanne Nikoltchev, 28 October 2012
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10. What is the role of competition law?
Plenty of cases
Film rights market (in pay-TV and free-to-air context)
TPS/Canalsatellite, Sky investigation, Telecinco/Cuatro,
Antena 3/La Sexta (mergers), Swisscom/Cinetrade AG
(acquisition, also sports rights)…
Sports rights market
Deutsche Fußball Liga GmbH (antitrust), Cyfrowy Polsat ,
Mediaset (abuse)…
Television advertising market
ProSiebenSAt1/Bertelsmann, Telecinco/Cuatro, Antena 3/La
Sexta, Canal+/ITI-TVN, RTL CEE/IKO, Granada/Carlton
(mergers), IKOT/MRTL (acquisition), Telewizja Polska/TVP
(abuse)..
Transmission network markets
SES Global Europe/DPC (acquisition), Abertis (abuse), Swiss
Cablecom, …
...for more read IRIS Special
Susanne Nikoltchev, 28 October 2012
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11. What other rules have an impact on media
power?
Must-carry
Access (API, CAS)
prohibition to develop lock-out standards
FRAND terms
free choice of digital reception devices such as decoders
EPG
use of recognised open standards
equal reference conditions
FRAND terms
logical numbering obligation
Net neutrality
non-discriminatory handling of traffic
Case law: EDML complaint about Sky EPG
Susanne Nikoltchev, 28 October 2012
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12. Some conclusions
Media-specific anti-concentration rules still
important but to be adapted to
converged environment.
Competition law enjoys greater flexibility
because case-by-case;
inbuilt pluralism objective can make it
even stronger.
“Trend”: regulation addressing new power
positions.
Susanne Nikoltchev, 28 October 2012
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13. For further information:
www.obs.coe.int
Contact :
Susanne Nikoltchev
Head of Department for Legal Information
susanne.nikoltchev @ coe.int