EUROPEAN COMMISSION DG Competition

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 13/10/2021

In electronic form on the EUR-Lex website under document number 32021M10184

EUROPEAN COMMISSION

Brussels, 13.10.2021 C(2021) 7492 final

PUBLIC VERSION

Channel 5 Broadcasting Limited Fieldfisher LLP, Riverbank House, 2 Swan Lane EC4R 3TT- London United Kingdom

ITV Network Limited 2 Waterhouse Square, 140 Holborn EC1N 2AE - London United Kingdom

Channel Four Television Corporation 124 Horseferry Road SW1P 2TX- London United Kingdom

British Broadcasting Corporation 201 Wood Lane W12 7TS- London United Kingdom

Dear Sir or Madam,

1.1. On 15 September 2021, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Channel 5 Broadcasting Limited (‘Channel 5’, United Kingdom) acquires joint control of Digital UK Limited (‘Digital UK’, United Kingdom), along with Digital UK ’s current controlling members, the British Broadcasting Corporation (‘BBC’, United Kingdon),

1 OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’). With effect from 1 December 2009, the Treaty on the Functioning of the European Union (‘TFEU’) has introduced certain changes, such as the replacement of ‘Community’ by ‘Union’ and ‘common market’ by ‘internal market’. The terminology of the TFEU will be used throughout this decision.

2 OJ L 1, 3.1.1994, p. 3 (the ‘EEA Agreement’).

Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel, BELGIË

Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu.

ITV Network Limited (‘ITV’, United Kingdom), and Channel Four Television Corporation (‘Channel 4’, United Kingdom), by way of conclusion of a Members Agreement.

2. The business activities of the undertakings concerned are:

- For Channel 5: free-to-air (“FTA”) TV network in the UK operating FTA TV channels as well as video-on-demand (“VOD”) services. Channel 5 is also a shareholder in YouView, which provides a hybrid DTT-IP service retailed by BT Group, Channel 5 is indirectly wholly owned by ViacomCBS Inc. (‘Viacom’, U.S.), the latter being solely controlled by National Amusements, Inc. (‘NAI’, U.S.),

- for BBC: public sector broadcaster providing a wide range of TV and radio channels as well as iPlayer and other on-demand services which are accessible to licence fee payers throughout the UK through a variety of platforms and devices,

- for ITV: integrated producer broadcaster, creates, owns and distributes high-quality content on multiple platforms globally. It broadcasts a large portfolio of commercial channels including the main ITV channel,

- for Channel 4: publicly-owned and commercially-funded UK public service broadcaster which operates a portfolio of channels accessible on a free to view basis via a variety of platforms and devices,

- for Digital UK: provider of services to enable an FTA broadcast over a DTT network (Freeview) and IP (internet) delivered distribution (Freeview Play) for audio-visual content in the UK.

3.3. After examination of the notification, the European Commission has concluded that the notified operation falls within the scope of the Merger Regulation and of paragraph 5(a) and 5(b) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.

4.4. For the reasons set out in the Notice on a simplified procedure, the European Commission has decided not to oppose the notified operation and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of the Merger Regulation and Article 57 of the EEA Agreement.

For the Commission

(Signed) Olivier GUERSENT Director-General

3 Publication in the Official Journal of the European Union No C 390, 27.09.2021, p. 15.

4 OJ C 366, 14.12.2013, p. 5.

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