Final Report of the Hearing Officer – Case M.10433 – Vivendi/Lagardère
Date: 2023-05-30
Institutions: Directorate-General for Competition, European Commission
Subjects: France, Internet, advertising, audiovisual industry, culture industry, economic concentration, mass media, merger control, publishing, travel agency








C_202407392EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/7392


6.12.2024






Final Report of the Hearing Officer (1)

Case M.10433 – Vivendi/Lagardère
(C/2024/7392)


1.   

On 24 October 2022, the European Commission received a notification of a proposed concentration pursuant to Article 4 of Regulation (EC) No 139/2004 (2) (the ‘Merger Regulation’) by which Vivendi S.E., controlled by the Bolloré Group (together ‘Vivendi’ or the ‘Notifying Party’) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of Lagardère S.A. (‘Lagardère’) (together, ‘the Parties’) by way of purchase of shares (the ‘Transaction’).



2.   

On 30 November 2022, the Commission found that the Transaction raised serious doubts as to its compatibility with the Internal Market and the EEA Agreement (3) and adopted a Decision to initiate proceedings pursuant to Article 6(1)(c) of the Merger Regulation.



3.   

On 11 December 2022, the Notifying Party submitted written comments on the Commission’s Decision of 30 November 2022.



4.   

On 15 December 2022, the Notifying Party formally submitted commitments pursuant to Article 8(2) of the Merger Regulation (the ‘Initial Commitments’).



5.   

On 19 December 2022, the Notifying Party requested an extension of the Phase II deadline for examination by 20 working days. On 20 December 2022, the Commission agreed to that request.



6.   

On 14 February 2023, the Notifying Party submitted commitments amending the Initial Commitments. However, these commitments were not considered sufficient to address the Commission’s concerns.



7.   

On 22 February 2023, the Commission adopted a Statement of Objections addressed to the Notifying Party, which was formally notified to the Parties on the same day. The Parties were initially given a deadline of 8 March 2023 to submit their observations on the Statement of Objections.



8.   

On 23 February, 25 April and 25 May 2023, the Commission granted the Notifying Party access to the file. I have not received any complaint or request from the Parties regarding access to the file.



9.   

On 1 March 2023, the Notifying Party requested an extension of eight working days to its deadline for replying to the Statement of Objections, i.e. until 20 March 2023.



10.   

On 7 March 2023, the Commission asked the Parties to submit their observations on the Statement of Objections by 15 March 2023.



11.   

The parties submitted their observations on the Statement of Objections on 15 March 2023. The Parties did not request a hearing pursuant to Article 14 of Regulation (EC) No 802/2004 implementing the Merger Regulation (4).



12.   

Between 21 December 2022 and 10 March 2023, the Hearing Officers admitted 24 entities (staff representatives, competitors, suppliers and customers of the Parties, and trade unions) as interested third parties in the present case. The interested third parties received a non-confidential version of the Statement of Objections and were given a deadline for comments. A total of 20 interested third parties submitted observations.



13.   

On 5 and 12 April 2023, the Notifying Party again formally submitted commitments pursuant to Article 8(2) of the Merger Regulation with a view to rendering the Transaction compatible with the Internal Market and the EEA Agreement. The proposed commitments concern the two areas of concern, i.e. publishing markets and the celebrity magazine market. The Commission conducted market tests in relation to these two sets of commitments.



14.   

On 28 April 2023, after being informed of the results of the market tests of the commitments, the Notifying Party submitted an improved version of the proposed commitments (the ‘Final Commitments’).



15.   

The draft decision declares the Transaction compatible with the Internal Market and the EEA Agreement, subject to full compliance with the Final Commitments.



16.   
I have examined the draft decision in accordance with Article 16(1) of Decision 2011/695/EU and conclude that it deals only with objections in respect of which the Parties have been given the opportunity to express their views.
In view of the above, I consider that the effective exercise of the procedural rights of the Parties has been respected in the present case.



Brussels, 30 May 2023.

Dorothe DALHEIMER
            





(1)  In accordance with Articles 16 and 17 of Decision 2011/695/EU of the President of the European Commission of 13 October 2011 on the function and terms of reference of the hearing officer in certain competition proceedings (OJ L 275, 20.10.2011, p. 29) (‘Decision 2011/695/EU’).

(2)  Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (OJ L 24, 29.1.2004, p. 1).

(3)  Agreement on the European Economic Area (OJ L 1, 3.1.1994, p. 3).

(4)  Commission Regulation (EC) No 802/2004 of 21 April 2004 implementing Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings (OJ L 133, 30.4.2004, p. 1).


ELI: http://data.europa.eu/eli/C/2024/7392/oj
ISSN 1977-091X (electronic edition)