Media merger between Slovenia Broadband and Nova TV cleared

The Croatian Competition Agency approved the acquisition of the direct control over the undertaking Nova TV d.d. from Zagreb by the undertaking Slovenia Broadband S.a r.l. with its seat in Luxembourg.

Taking into account the structure of the relevant markets: (a) for the wholesale and retail supply of TV channels, (b) the acquisition and use of individual audio-visual content, and (c) TV advertising, as well as the market power and the market shares of the participants to the concentration in these relevant markets, the Croatian Competition Agency (CCA) cleared this concentration in the first phase given the fact that it has been assessed that the transaction at issue would not have significant effects on competition in the provision of the above mentioned services and, what is even more important, that it would not create or strengthen a dominant market position.

The CCA has taken its decision only after the Electronic Media Agency on 26 March 2018 assessed the merger between Slovenia Broadband as “admissible” in the sense of the special provisions of the Electronic Media Act. Here it must be noted again that within the meaning of competition rules in the media sector the notifying party must submit to the CCA also the previous clearing decision of the Electronic Media Agency, that is empowered by the law to protect pluralism and diversity in the electronic media and to control the implementation of other provisions under the Electronic Media Act, such as the ones regulating the programme principles and giving concessions for the provision of the broadcasting services as well as the permission for any programme revisions.