For the first time ever a merger - has been referred to UOKIK by the European Commission upon request of the undertakings to the transaction.

The referred case is a merger between ITI and Canal+ media groups and covers two transactions:

  • Canal+ and ITI taking joint control of TVN
  • Canal+ and TVN taking joint control of Cyfra+ and ITI Neovision

Canal+ Group is part of the international group Vivendi, and operates in Poland as a pay satellite TV operator, Cyfra+.

Both TVN and ITI Neovision are part of the ITI Group. TVN broadcasts several licensed pay tv channels. ITI Neovision owns the Platform "n" satellite TV.

The merger was referred to, and is to be examined by, UOKiK because it affects competition in the Polish market.

Referral upon request of undertakings is not a common practice: only 67 transactions out of nearly 5,000 notified to the European Commission between 1990 and 2011 were referred to the national competition authorities.

This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq

Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.

The original publication date for this article was 26/03/2012.