Canal Plus Group did not comply with commitments subscribed when it took over TPS

[Andrushenka]

The Autorité de la concurrence has just issued a decision in which it establishes that Canal Plus Group did not fulfill several commitments – including key ones – that were attached to the decision authorizing in 2006 the acquisition of TPS and CanalSatellite by Vivendi Universal and Canal Plus Group.

The Autorité de la concurrence therefore withdraws the decision authorizing the merger. Unless they restore the previous situation (before the merger), Vivendi and Canal Plus Group will have to renotify the transaction to the Autorité within one month. The Autorité noted the seriousness of the breaches established – that are the result of some negligence and, generally speaking, of a repeated lack of diligence and ill will from Canal Plus – as well as the harm to competition that may be generated by these breaches to the commitments. Therefore, the Autorité imposed Canal Plus Group a financial penalty amounting 30 million euros.

[sofien72tu]

Canal+ rocked by TPS decision
12.22 Europe/London, September 21, 2011 By Chris Dziadul

France’s Competition Authority (L’Autorité de la concurrence) has fined Canal+ up to €30 million for failing to comply with a number of commitments, some of which it regards as “essential”, in the acquisition of TPS in 2006.

It has therefore decided to withdraw its decision to authorise the acquisition and given Canal+ a month to notify it of any necessary changes it now plans to make.

According to the Competition Authority, the unbundling of seven channels – TPS Star, Cinéstar, Cinéculte, Cinétoile, Sport 1 and Télétoon – was at the heart of these commitments, with Canal+ failing to make them available to ISPs by a certain date and charging too much for TPS Star.

Canal+ has responded to the Competition Authority’s move by calling it “highly unusual and disproportionate in relation to the alleged breaches identified”, adding that it is “naturally not possible to challenge a merger” that took place almost five years ago.

It has also said that it “welcomes the opportunity given to it to open the discussion with the Competition Authority as part of the new notification request.”