Media mergers
Assessment of media market concentrations
Article 22 of the European Media Freedom Act requires EU Member States to establish national rules for assessing media market concentrations that could significantly impact media pluralism and editorial independence, distinct from traditional competition law assessments.
Member States must lay down transparent, objective, proportionate and non-discriminatory rules that require advance notification of concentrations, designate timeframes for assessments, and set out objective criteria for both notification and assessment.
National regulatory authorities (NRAs) must either be responsible for the assessment or be “substantively involved in the assessment”, ensuring expert media regulatory oversight beyond traditional competition authorities. In Ireland, Coimisiún na Meán is designated as the NRA.
Assessment criteria
The assessment must consider:
- Impact of the media market concentration on media pluralism and public opinion formation.
- Safeguards for editorial independence.
- Economic sustainability of the parties without the merger.
- The EU Commission’s annual rule of law findings on media pluralism.
- Any commitments offered by the parties.
Cross-border coordination
Where a media market concentration might affect the EU internal market for media services, national authorities must consult the European Board for Media Services in advance, and must take “utmost account” of the Board’s opinion or provide reasoned justification for departing from it.
This provision represents the EU’s first harmonised approach to media plurality assessments, creating a specialised framework separate from but complementary to competition law merger control.
Contact
For any queries, email [email protected].