CELEX: 32021M10184
Language: en
Date: 2021-10-13 00:00:00
Title: Commission Decision of 13/10/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10184 - CHANNEL 5 / BBC / ITV / CHANNEL 4 / DIGITAL UK) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                               Brussels, 13.10.2021
                                                               C(2021) 7492 final
                                                                               PUBLIC VERSION
                                                               Channel 5 Broadcasting Limited
                                                               Fieldfisher LLP, Riverbank House,
                                                               2 Swan Lane
                                                               EC4R 3TT- London
                                                               United Kingdom
                                                               ITV Network Limited
                                                               2 Waterhouse Square, 140 Holborn
                                                               EC1N 2AE - London
                                                               United Kingdom
                                                               Channel Four Television Corporation
                                                               124 Horseferry Road
                                                               SW1P 2TX- London
                                                               United Kingdom
                                                               British Broadcasting Corporation
                                                               201 Wood Lane
                                                               W12 7TS- London
                                                               United Kingdom
Subject:        Case M.10184 - CHANNEL 5 / BBC / ITV / CHANNEL 4 / DIGITAL UK
                Commission decision pursuant to Article 6(1)(b) of Council Regulation
                (EC) No 139/20041 and Article 57 of the Agreement on the European
                Economic Area2
Dear Sir or Madam,
1.      On 15 September 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Channel 5
        Broadcasting Limited (‘Channel 5’, United Kingdom) acquires joint control of Digital
        UK Limited (‘Digital UK’, United Kingdom), along with Digital UK ’s current
        controlling members, the British Broadcasting Corporation (‘BBC’, United Kingdon),
1       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.
2       OJ L 1, 3.1.1994, p. 3 (the ‘EEA Agreement’).
Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE
Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel, BELGIË
Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu.
 ---pagebreak---    ITV Network Limited (‘ITV’, United Kingdom), and Channel Four Television
   Corporation (‘Channel 4’, United Kingdom), by way of conclusion of a Members
   Agreement.3
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, Channel 5 is indirectly wholly owned by ViacomCBS Inc. (‘Viacom’,
        U.S.), the latter being solely controlled by National Amusements, Inc. (‘NAI’,
        U.S.),
       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. 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) and 5(b) 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.
                                                            For the Commission
                                                            (Signed)
                                                            Olivier GUERSENT
                                                            Director-General
3  Publication in the Official Journal of the European Union No C 390, 27.09.2021, p. 15.
4  OJ C 366, 14.12.2013, p. 5.
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