France

[FR] Takeover of TPS by Canal Plus: Competition Authority Approves the Three Benchmark Offers of Groupe Canal Plus

IRIS 2013-7:1/10

Amélie Blocman

Légipresse

By its decision of 7 June 2013, the Autorité de la concurrence (Competition Authority) approved the offers made by Groupe Canal Plus to carry independent channels and make film channels available. On 23 July 2012, the Authority had authorised the acquisition of TPS and CanalSatellite by Vivendi Universal and Groupe Canal Plus, subject to compliance with injunctions likely to bring about sufficient competition on the pay-TV markets (see IRIS 2012-8/25) .The aim of those injunctions was to set up clear rules of access to CanalSat by independent channels and to open up access by competing distributors to the film channels produced by Canal Plus in order to enable them to offer those channels to viewers as part of their own pay-TV packages. Canal Plus was required to publish a benchmark offer setting out the technical conditions and charges involved in making these channels available (“unbundling”), (See IRIS 2013-4/13). In order to comply with the injunctions and following a public consultation, which also enabled the opinion of the audiovisual regulator CSA to be obtained, the Authority has just approved the benchmark offer to carry independent channels. The implementation of this document should enable the contractual relations between Groupe Canal Plus and the independent channel producers to be rebalanced and the pay-TV offerings available to be improved and diversified. This greater transparency should also make it possible for alternative operators (internet access providers and cable networks) to provide their own distribution services that would be of interest to the independent channels and thus offer their subscribers greater diversity. Making film channels available would make it possible for all distributors to create more attractive packages. The implementation of these benchmark offers will take place under the supervision of the Competition Authority, which has said it will remain vigilant with regard to compliance with the injunctions and the competition objectives forming part of its remit.