Prior notification of a concentration

(Case M.10184 - Channel 5/BBC/ITV/Channel 4/Digital UK)

Candidate case for simplified procedure

(Text with EEA relevance)

(2021/C 390/10)

1. On 15 September 2021, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 ( 1 ) This notification concerns the following undertakings: — Channel 5 Broadcasting Limited (‘Channel 5’, United Kingdom), — British Broadcasting Corporation (‘BBC’, United Kingdom), — ITV Network Limited (‘ITV’, United Kingdom), — Channel Four Television Corporation (‘Channel 4’, United Kingdom), — Digital UK Limited (‘Digital UK’, United Kingdom). Channel 5 acquires joint control of Digital UK along with Digital UK’s current controlling members, the BBC, ITV, and Channel 4. Channel 5 is indirectly wholly owned by ViacomCBS Inc. (‘Viacom’, U.S.), the latter being solely controlled by National Amusements, Inc. (‘NAI’, U.S.). The concentration is accomplished by way of conclusion of a Members’ Agreement.

2. The business activities of the undertakings concerned are: — For Channel 5: free-to-air (‘FTA’) TV network in the UK operating FTA TV channels as well as video-on-demand (‘VOD’) services. Channel 5 is also a shareholder in YouView, which provides a hybrid DTT-IP service retailed by BT Group. — for BBC: public sector broadcaster providing a wide range of TV and radio channels as well as iPlayer and other on-demand services which are accessible to licence fee payers throughout the UK through a variety of platforms and devices. — for ITV: integrated producer broadcaster, creates, owns and distributes high-quality content on multiple platforms globally. It broadcasts a large portfolio of commercial channels including the main ITV channel. — for Channel 4: publicly-owned and commercially-funded UK public service broadcaster which operates a portfolio of channels accessible on a free to view basis via a variety of platforms and devices. — for Digital UK: provider of services to enable an FTA broadcast over a DTT network (Freeview) and IP (internet) delivered distribution (Freeview Play) for audio-visual content in the UK.

3. On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

4. The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission. Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified: M. 10184 – Channel 5/BBC/ITV/Channel 4/Digital UK Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below: Email: COMP-MERGER-REGISTRY@ec.europa.eu Fax +32 22964301 Postal address: European Commission Directorate-General for Competition Merger Registry 1049 Bruxelles/Brussel BELGIQUE/BELGIË

(1) OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2) OJ C 366, 14.12.2013, p. 5.