18 April 2006: TPS / CanalSatellite Merger
The Conseil de la concurrence to issue its opinion on 13th July at the latest
On 14th April 2006, the Conseil de la concurrence received a referral by the Minister of Economy concerning the merger transaction of Vivendi Universal purchasing the exclusive control of TPS and CanalSatellite companies on the basis of articles L. 430-1 to L. 430-7 of the French Code of commercial law.
Pursuant to these provisions the Conseil has three months to examine the transaction from the point of view of competition. The adversarial investigation with the companies which notified the project will include the interview of witnesses likely to clarify the competition issues.
The Conseil de la concurrence will also seek the opinion of the Broadcasting Regulator (CSA Conseil supérieur de l'audiovisuel), pursuant to article 41.4 of the law dated 30th September 1986 and the opinion of the French Telecoms and postal regulator (ARCEP Autorité de régulation des communications électroniques et des postes), on the markets falling within the jurisdiction of the ARCEP.
The Conseil de la concurrence will issue its opinion during a final hearing on 13th July 2006 at the latest.
Article L. 430-7 of the Code of commercial law states that “a decision on the merger transaction will be taken within four weeks” from the delivery date of the Conseil's opinion to the Minister. The opinion of the Conseil de la concurrence will then be published together with the decision of the Minister.