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ARTICLE · 08 MARCH 2011

Consultation Launched On BSyB Media Plurality Undertakings

SJ Berwin LLP
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It was announced this week that the Secretary of State for Culture, Olympics, Media and Sport, Jeremy Hunt, intends to accept undertakings from News Corporation in relation to its proposed acquisition of the remaining shares in BSkyB in lieu of a reference to the CC. News Corporation currently owns 39.1% of the shares in BSkyB.

United KingdomAntitrust/Competition Law
SJ Berwin'S EU & Competition Team
SJ Berwin'S EU & Competition Team

It was announced this week that the Secretary of State for Culture, Olympics, Media and Sport, Jeremy Hunt, intends to accept undertakings from News Corporation in relation to its proposed acquisition of the remaining shares in BSkyB in lieu of a reference to the CC.  News Corporation currently owns 39.1% of the shares in BSkyB.

The Secretary of State looked at the specific issue of media plurality (competition issues having already been assessed and discounted by the European Commission under the EUMR).  The plurality issues focus on the provision of news, for example that News Corporation would be the only news and media provider present on all four media platforms (TV, newspapers, on-line and radio) at the wholesale level.  These concerns are considered sufficient to trigger a reference to the CC for a phase II review.  Prior to doing so however, consideration was given as to whether appropriate undertakings in lieu of reference could be obtained.

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