4.12.2007   

EN

Official Journal of the European Union

C 290/10


Opinion of the Advisory Committee on concentrations given at its 152nd meeting on 2 July 2007 concerning a draft decision relating to Case COMP/M.4504 — SFR/Télé 2 France

(2007/C 290/09)

1.

The Advisory Committee agrees with the Commission that the notified operation constitutes a concentration within the meaning of Article 3(1)(b) of the Merger Regulation (EC) No 139/2004.

2.

The Advisory Committee agrees with the Commission that the notified operation has a Community dimension pursuant to Article 1(2) of that Regulation.

3.

The Advisory Committee agrees with the Commission that for the purposes of assessing the present operation, the relevant product markets are:

(a)

the upstream market for the acquisition of broadcasting rights, and in particular of Video on Demand broadcasting rights for recent films;

(b)

the intermediate market for the wholesale distribution of pay television channels; and

(c)

the downstream market for the retail distribution of pay television services.

4.

The Advisory Committee agrees with the Commission that the geographic market is mainland France.

5.

The Advisory Committee agrees with the Commission that the proposed concentration will significantly impede effective competition in the common market or in a substantial part of it in relation to the French market for the retail distribution of pay television services resulting from Vivendi's strong position in the upstream market for the acquisition of broadcasting rights and in the intermediate market for the wholesale distribution of pay television channels, and from the change in its incentives vis-à-vis DSL operators active in the downstream market for the retail distribution of pay television services.

6.

The Advisory Committee agrees with the Commission that the commitments concerning:

(a)

channel access;

(b)

access to channel packages and pay per view services; and

(c)

broadcasting rights for Video on Demand,

are sufficient to remove the significant impediments to effective competition identified in Question 5.

7.

The Advisory Committee agrees with the Commission that, subject to full compliance with the commitments offered by the parties, and considered all commitments together, the notified concentration must be declared compatible with the common market and the functioning of the EEA Agreement pursuant to Articles 2(2), 8(2) and 10(2) of the EC Merger Regulation and Article 57 of the EEA Agreement.