The Autorité de la concurrence is consulting third parties on the reference offer proposed by GCP pursuant to Decision No. 17-DCC-92 revising the injunctions of Decision No. 12-DCC-100 concerning the acquisition of sole control of the TPS and CanalSatellite companies.
The Autorité publishes the consultation on its website for the attention of interested parties.
In Decision No. 17-DCC-92 of 22 June 2017, the Autorité de la concurrence (hereinafter "the Autorité") reviewed the injunctions imposed on GCP by Decision No. 12-DCC-100, which authorised Vivendi SA and Groupe Canal Plus (hereinafter "GCP") to acquire sole control of TPS and CanalSatellite.
Among the measures reviewed, the Autorité wished to maintain clear rules of the game for independent channels to obtain distribution on CanalSat or any other offer that might supplant it or be added to it.
REMINDER OF THE MEASURES REGARDING THE DISTRIBUTION OF SPECIALIZED CHANNELS FOLLOWING THE RE-ASSESSMENT
The requirement for drafting a reference offering, regarding the inclusion of independent channels, was also maintained (injunction 3 (c)). The requirement to value catch-up TV and the HD version of a channel separately was lifted as these two type of services have now become standard market practice. On the other hand, the Autorité considered that the requirement to value related non-linear services separately should be maintained, as such services have acquired a strategic significance in the context of the market changes.
The requirement to refrain from making commercial distribution of a channel conditional upon provision of transmission services by GCP was also maintained; only the obligation to enter into separate agreements for the two activities was removed (injunction 3 (d)).
With regard to the inclusion of premium channels (injunction 4 (a), the Autorité maintained the requirement on GCP to include premium channels. The technical and pricing terms and conditions for inclusion shall remain subject to the stated principles of transparency, objectiveness and non-discrimination (injunction 4 (b)).
However, the Autorité considered lifting the ban on including premium channels on an exclusive basis to be justified. certain requirements shall apply despite the lifting of the ban If a premium channel is included by GCP on an exclusive basis, GCP shall be required to enter into a self-distribution agreement with any distributors that request one.
Decision No. 17-DCC-92provides for a new reference offer to be approved in order to take the above changes into account. Injunction No. 3 stipulates that "Injunction 3 (c) above shall be implemented within three months following notification of this decision. Pending approval of the new reference offer arising from Injunction 3 (c), the reference offer approved by the Autorité de la concurrence on 7 June 2013 remains applicable".
In this context, GCP submitted a new proposed reference offer to the Autorité on 21 September 2017. To support the proposed adjustments, GCP appended an explanatory note to its proposal.
|Interested parties are invited to send in their comments on the proposed reference offer submitted by GCP, to inform the Autorité's examination of the matter. Comments should be sent to the Mergers Unit of the Autorité de la concurrence by 20 October 2017, at the latest, by post or e-mail to the following address:
Autorité de la concurrence
Greffe du service des concentrations
11, rue de l'Échelle
Read GCP's proposed reference offer and explanatory note [in French]:
- GCP's proposed reference offer
- Appendice 1 to GCP's proposed reference offer,
-Appendice 2 to GCP's proposed reference offer,
- Appendice 3 to GCP's proposed reference offer
- Version comparing GCP's proposed reference offer to the reference offer approved in 2013
- Versions comparing Appendice 1 of GCP's proposal to the appendices to the reference offer approved in 2013
-Version comparing Appendice 2 of GCP's proposal to the appendices to the reference offer approved in 2013
- Explanatory note written by GCP