CoE National Cases on Pluralism               Susanne Nikoltchev       Head of Department for Legal Information         Eu...
IRIS Special 2012I. EU LawII. National Legal Frameworks CH     GB NL DE     HU NO FR     IT   PL ES     LUIII. Market Data...
Agenda: Focus Regulating Market Power 1. Is media-specific anti-concentration    (msac) regulation still important? 2. Wha...
Focus: Regulation of Market Power                                            Other    Media-    specific                  ...
Is media-specific anti-concentration (msac)regulation still important ? Linear services (TV broadcasting) • Classical area...
Is media-specific anti-concentration (msac)regulation still important ? Non-linear services Not targeted by msac Not targe...
What is the role of competition law?Definition of marketsFocus: complementary markets                           1 of 2 lea...
What is the role of competition law?Definition of marketsFocus: complementary information sourcesHungary: press case (appl...
What is the role of competition law? General national legal framework merger & acquisitions abuse of dominant positions Ch...
What is the role of competition law? Plenty of cases Film rights market (in pay-TV and free-to-air context)      TPS/Canal...
What other rules have an impact on mediapower? Must-carry Access (API, CAS)      prohibition to develop lock-out standards...
Some conclusionsMedia-specific anti-concentration rules still   important but to be adapted to   converged environment.Com...
For further information:  www.obs.coe.int              Contact :         Susanne NikoltchevHead of Department for Legal In...
Upcoming SlideShare
Loading in …5
×

CoE National Cases on Pluralism

731 views
648 views

Published on

Susanne Nikoltchev

Head of Department for Legal Information
European Audiovisual Observatory

Florence, 28 October 2012
http://cmpf.eui.eu/events/policy-conference.aspx

Published in: Education
0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total views
731
On SlideShare
0
From Embeds
0
Number of Embeds
278
Actions
Shares
0
Downloads
12
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

CoE National Cases on Pluralism

  1. 1. CoE National Cases on Pluralism Susanne Nikoltchev Head of Department for Legal Information European Audiovisual Observatory Florence, 28 October 2012
  2. 2. IRIS Special 2012I. EU LawII. National Legal Frameworks CH GB NL DE HU NO FR IT PL ES LUIII. Market DataIV. Analysishttp://www.obs.coe.int/oea_publ/iris_special/index.html Susanne Nikoltchev, 28 October 2012 2
  3. 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. 4. Focus: Regulation of Market Power Other Media- specific competitionRegulation Susanne Nikoltchev, 28 October 2012 4
  5. 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 5
  6. 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 6
  7. 7. What is the role of competition law?Definition of marketsFocus: complementary markets 1 of 2 leading commer-Polish case: cial national TV channelsSpartan Holding Several other TV channels Satellite TV platformacquires Some major VoD services leading mobilePolkomtel telephony operator Susanne Nikoltchev, 28 October 2012 7
  8. 8. What is the role of competition law?Definition of marketsFocus: complementary information sourcesHungary: press case (application withdrawn) In… Poland,Axel Springer Czech Republiccompanies Hungaryto merge with In… Serbia,Ringier Bosnia-Herzegovina,companies Slovakia, Czech Republic, Hungary Susanne Nikoltchev, 28 October 2012 8
  9. 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 9
  10. 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 10
  11. 11. What other rules have an impact on mediapower? 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 11
  12. 12. Some conclusionsMedia-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 12
  13. 13. For further information: www.obs.coe.int Contact : Susanne NikoltchevHead of Department for Legal Information susanne.nikoltchev @ coe.int

×