competitionlaw

By two decisions made on 6 July 2016 in the I-phase investigation in the cases C-12050 International Acquisitions Holding/RCS Media Group and C-12045 CairoCommunications/RCS Media Group the Italian Competition Authority (ICA) has unconditionally authorized two taker-over bids over a major media company, the RCS Media Group. The proposed merger in C-12050 did not pose whatsoever threat to competition, the acquirer being a financial firm. Instead, the ICA conduct a more careful examination of the competition effects of the notified merger in C-12045 since the bidder, Cairo Communications, was also a media company active in the publishing and TV broadcasting markets. Then in the case C-12045, first the ICA considered the possible horizontal effects on competition of the Cairo Communications/RCS Media Group merger in the several relevant product markets, such as the markets for the publishing of periodicals and newspapers, the television broadcasting markets and the markets for the pr

In the Utopia case (Decision of 17 June no. 2016-FO-04 ) the Luxembourg Competition Authority (LCA) considered whether the largest movie theatre chain of the country, Utopia, abused its dominant position by acquiring its next competitor, Ciné Belval. As the Luxembourg Competition Law does not provide for a merger control regime, the competition impact of mergers is assessed on the basis of Article 102 TFEU or the corresponding national provisions. Consistently with the Continental Can judgment of the CJEU (C-6/72), the LCA held that a merger may result in abusive conduct when post-merger the dominant position of the merged entity is of such magnitude to substantially restrain competition. That appears to be the case with Utopia that would have a quasi-monopoly position with the acquisition of Ciné Belval. However, relying on the failing firm doctrine, the LCA ruled out that Utopia had abused its dominance purchasing Ciné Belval. In the LCA view the doctrine also applied to Article