AGCM

On 20 May 2019, the Italian Competition Authority (AGCM) has concluded its investigation regarding the acquisition of certain assets of the digital terrestrial pay-TV owned by Mediaset Premium S.p.A. by Sky Italian Holding S.p.A. (Sky Group).

Upon conclusion of the investigation, the Authority found that the merger – that has been implemented – led to a strengthening of Sky Group’s dominant position on the retail pay-TV market, and consequently eliminating or significantly reducing  competition on pay-tv market and other related markets (the wholesale market for the supply of pre-packaged pay-tv television channels and its possible sub-segments) and the market for the licencing of broadcasting rights for TV content) and its sub-segments.

The operation has significant anticompetitive effects, and led to the disappearance, even from a prospective point of view, of the competitive pressure exerted by Mediaset Premium in the past. These effects are irreversible and the competitive conditions that existed prior to the merger were not restored following the return of part of the company R2 S.r.l. to Mediaset Group.

For this reason, AGCM decided to impose, for a period of three years, remedies to restore competition in the pay-TV market and the above mentioned related markets. Specifically, remedies consist of a ban for the Sky Group to acquire exclusive broadcasting rights for audiovisual content and linear channels for internet platforms in Italy. AGCM believes that this will foster potential competition of pay-TV offers via the Internet and will increase an adequate level of competitive pressure, which enables reduced prices and a wider range of audiovisual contents available for consumers.

 Rome, 22 May 2019