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1
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84881860538
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BVerGE 57, 295.
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BVerGE 57, 295.
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2
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84881901966
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Article 21(4) of the Merger Regulation reads: 'Notwithstanding paragraphs 2 and 3, Member States may take appropriate measures to protect legitimate interests other than those taken into consideration by this Regulation and compatible with the general principles and other provisions of Community Law. Public security, plurality of the media and prudential rules shall be regarded as legitimate interests within the meaning of the first paragraph.'
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Article 21(4) of the Merger Regulation reads: 'Notwithstanding paragraphs 2 and 3, Member States may take appropriate measures to protect legitimate interests other than those taken into consideration by this Regulation and compatible with the general principles and other provisions of Community Law. Public security, plurality of the media and prudential rules shall be regarded as legitimate interests within the meaning of the first paragraph.'
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3
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84881866005
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Law no 86-1067 of 30/09/1986 limits the number of media outlets each operator can control without imposing any limits on the growth of each individual outlet in terms of revenues, market share or audience share.
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Law no 86-1067 of 30/09/1986 limits the number of media outlets each operator can control without imposing any limits on the growth of each individual outlet in terms of revenues, market share or audience share.
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4
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84881954635
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Audience share was introduced as the sole criterion for controlling concentration in the media in Germany by the fourth modification of the RStV in 1996, and in the UK by the 1996 Broadcasting Act. In Italy the so-called 'Legge Mammi' chose instead the criterion of share of the advertising market, a criterion even less related to pluralism concerns and rather resembling industry regulation in the traditional sense. For details see P. Kremmyda, European Competitiveness and Pluralism: Concentration in the Broadcasting Industry in the EU, PhD thesis, European University Institute 2004, 237 et seq.
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Audience share was introduced as the sole criterion for controlling concentration in the media in Germany by the fourth modification of the RStV in 1996, and in the UK by the 1996 Broadcasting Act. In Italy the so-called 'Legge Mammi' chose instead the criterion of share of the advertising market, a criterion even less related to pluralism concerns and rather resembling industry regulation in the traditional sense. For details see P. Kremmyda, European Competitiveness and Pluralism: Concentration in the Broadcasting Industry in the EU, PhD thesis, European University Institute 2004, 237 et seq.
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5
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84881871114
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The threshold of expansion has been set at 20% of this combined sector. It is clear that, given the vast number of resources involved, a single operator can completely monopolise a single sector (or more than one), say the press or television, without reaching the 20% threshold. Control of media concentration in any meaningful sense is then left to the general competition rules.
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The threshold of expansion has been set at 20% of this combined sector. It is clear that, given the vast number of resources involved, a single operator can completely monopolise a single sector (or more than one), say the press or television, without reaching the 20% threshold. Control of media concentration in any meaningful sense is then left to the general competition rules.
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6
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84881927063
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Directive 2002/19/EC.
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Directive 2002/19/EC.
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7
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84881965410
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Recital 13 of the Access Directive provides, in addition, that such analysis should be based on the competition law methodology with the aim of reducing ex ante sector-specific rules.
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Recital 13 of the Access Directive provides, in addition, that such analysis should be based on the competition law methodology with the aim of reducing ex ante sector-specific rules.
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8
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84881855490
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Directive 2002/19/EC, Recital 10.
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Directive 2002/19/EC, Recital 10.
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