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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 26/03/2009

In electronic form on the EUR-Lex website under document number 32009M5482

Office for Official Publications of the European Communities L-2985 Luxembourg

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 26.03.2009 SG-Greffe(2009) D/1880 C(2009) 2375

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying parties:

Dear Madam(s) and/or Sir(s),

Subject: Case No COMP/M.5482 – GSN/ FUN Notification of 25.02.2009 pursuant to Article 4 of Council Regulation (EC) No 139/2004 Publication in the Official Journal of the European Union No C 51, 4.03.2009, p.22.

1.On 25 February 2009, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which undertaking Game Show Network, LLC ("GSN", United States of America) jointly controlled by Liberty Media Corporation ("Liberty Media", United States of America) and Sony Pictures Entertainment ("SPE", United States of America) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Fun Technologies, Inc ("FUN", Canada) by way of purchase of shares.

The business activities of the undertakings concerned are:

-- for GSN: supply of the Game Show Network television channel to TV operators in the United States of America. GSN also operates the website GSN.com, which offers various online services;

-- for FUN: publication and distribution of skill-based online casual games to be played on its own websites and certain third-party websites;

1OJ L 24, 29.1.2004, p. 1.

Commission européenne, B-1049 Bruxelles / Europese Commissie, B-1049 Brussel - Belgium. Telephone: (32-2) 299 11 11.

-- for Liberty Media: video and on-line commerce, media, communications and entertainment industries;

-- for SPE: development, production, acquisition and distribution of motion pictures, television programming, TV channels and other digital programming content. SPE also offers entertainment content such as games and ringtones for the Internet and mobile platforms.

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

For the reasons set out in the Notice on a simplified procedure, the Commission has decided not to oppose the notified operation and to declare it compatible with the common market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of Council Regulation (EC) No 139/2004.

For the Commission (signed) Philip LOWE Director General

2OJ C 56, 05.3.2005, p. 32.

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