# m8409.docx

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EUROPEAN COMMISSION

Brussels, 30.8.2017

PUBLIC VERSION

C(2017) 6033 final

C(2017) 6033 final

To the notifying parties:

To the notifying parties:

Subject:Case M.8409 - PROSIEBENSAT 1 MEDIA / TELEVISION FRANCAISE 1 / MEDIASET / JV

  Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004
  1
  and Article 57 of the Agreement on the European Economic Area
  2

Subject

:

Case M.8409 - PROSIEBENSAT 1 MEDIA / TELEVISION FRANCAISE 1 / MEDIASET / JV

Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)

No

139/2004

1

and Article 57 of the Agreement on the European Economic Area

2

Dear Sir or Madam,

Dear Sir or Madam,

1.On 27 July 2017, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings ProSiebenSat.1 Media SE ('P7S1', Germany), Television Française 1 S.A. ('TF1', France), belonging to the Bouygues Group and Mediaset S.p.A. ('Mediaset', Italy), controlled by the Fininvest group acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of a newly created company constituting a joint venture (the 'JV)' by way of a purchase of shares.
  3

1.

On

27 July 2017

,

the

European

Commission received notification of a proposed concentration pursuant to Article 4 of

the

Merger

Regulation by which

the undertakings ProSiebenSat.1 Media SE ('P7S1', Germany), Television

Française

1 S.A. ('TF1', France), belonging to the Bouygues Group and

Mediaset

S.p.A

. ('

Mediaset

', Italy), controlled by the

Fininvest

group acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of a newly created company constituting a joint venture (the 'JV)' by way of a purchase of shares

.

3

2.The business activities of the undertakings concerned are:

2.

The business activities of the undertakings concerned are:

-for P7S1: the holding company of one of Germany’s major free-to-air television networks. The core business of P7S1 and its subsidiaries is free-to-air television financed by advertising offered in Germany, Austria and Switzerland. In addition, P7S1 is mainly active in the areas of multimedia and merchandising.

-

for P

7

S

1: the holding company of one of Germany’s major free-to-air television networks. The core business of P7S1 and its subsidiaries is free-to-air television financed by advertising offered in Germany, Austria and Switzerland. In addition, P7S1 is mainly active in the areas of multimedia and merchandising.

-for TF1: the holding company of one of France’s major free-to-air television networks. TF1 and its subsidiaries operate French-language free-to-air and pay-TV channels and are engaged in various business activities related to the audio-visual sector. TF1 is part of the Bouygues Group, a diversified group of companies with activities in the construction, telecoms and media sectors.

-

for TF1: the holding company of one of France’s major free-to-air television networks. TF1 and its subsidiaries operate French-language free-to-air and

pay-TV

channels and are engaged in various business activities related to the audio-visual sector. TF1 is part

of the Bouygues Group, a diversified group of companies with activities in the construction, telecoms and media sectors.

-for Mediaset: the holding company of one of Italy’s major television networks. Through its controlling stake in Mediaset España Comunicación S.A., Mediaset also holds one of Spain’s major TV networks. They operate Italian-language and Spanish-language free-to-air television and pay-TV channels and are engaged in various business activities related to the audio-visual sector including the sale of advertising across various distribution platforms. Mediaset is part of the Fininvest group of companies with activities in the media, publishing, sports and financial sectors.

-

for

Mediaset

: the holding company of one of Italy’s major television networks. Through its controlling stake in

Mediaset

España

Comunicación

S.A.,

Mediaset

also holds one of Spain’s major TV networks. They operate Italian-language and Spanish-language free-to-air television and

pay-TV

channels and are engaged in various business activities related to the audio-visual sector including the sale of advertising across various distribution platforms.

Mediaset

is part of the

Fininvest

group of companies with activities in the media, publishing, sports and financial sectors

.

-for the JV: international marketing and sale of video advertising inventory served before, during and after video content available on digital media operated by the Parties or by third parties.

-

for the JV: international marketing and sale of video advertising inventory served before, during and after video content available on digital media operated by the Parties or by third parties.

3.After examination of the notification, the European Commission has concluded that the notified operation falls within the scope of the Merger Regulation and of paragraph 5(a) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.
  4

3.

After examination of the notification, the

European

Commission has concluded that the notified operation falls within the scope of

the

Merger

Regulation

and of paragraph

5

(a)

of the Commission Notice on a simplified procedure for treatment of certain concentrations under

Council Regulation (EC)

No

139/2004

.

4

4.For the reasons set out in the Notice on a simplified procedure, the European Commission has decided not to oppose the notified operation and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of the Merger Regulation and Article 57 of the EEA Agreement.

4.

For the reasons set out in the Notice on a simplified procedure, the

European

Commission has decided not to oppose the notified operation and to declare it compatible with the

internal

market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of

the

Merger

Regulation

and Article 57 of the EEA Agreement

.

For the Commission

For the Commission

(Signed)

Johannes LAITENBERGER
  Director-General

OJ L 24, 29.1.2004, p. 1 (the 'Merger Regulation'). With effect from 1 December 2009, the Treaty on the Functioning of the European Union ('TFEU') has introduced certain changes, such as the replacement of 'Community' by 'Union' and 'common market' by 'internal market'. The terminology of the TFEU will be used throughout this decision.

OJ C 366, 14.12.2013, p. 5.