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IRIS 1998-5:1/18 [NL] Dutch Competition Authority Examines the Creation of one of the Largest Cable Operators in Europe

The Dutch Competition Authority (Nma, Nederlandse mededingingsauthoriteit) will investigate the intended merger of United Pan-Europe Communications NV (UPC) and the cable activities of Energy company NV NUON in the newly established joint-venture United Telekabel Holding NV. The new Competition Act stipulates that mergers need to obtain approval when the total returns/sales/volume of trade world-wide exceed(s) 250 million Dutch guilders and at least two of the companies involved have a net annual volume of business within the Netherlands of at least 30 million guilders. The proposed merger will...

IRIS 1998-4:1/21 [NL] Guidelines on Side-line Activities of Broadcasters

The Dutch Media Authority (Commissariaat voor de Media) issued guidelines on side-line activities of broadcasters operating in the public broadcasting system (i.e. on activities other than the provision of their programme). These guidelines introduce criteria for the monitoring of the activities of broadcasters broadcasting in the public broadcasting system and increase the possibility for those broadcasters to develop their side-line activities. The guidelines apply to new activities of broadcasting organisations such as pay-TV, Internet and other new services. For activities concerning the Internet...

IRIS 1998-4:1/20 [NL] One National Licence for Public Broadcasting

In a letter to the Dutch Parliament, the Minister of Culture, Mr Aad Nuis, announced that a Bill is being prepared to amend the Media Act in order to replace the existing multiple licence system for the national public broadcasting sector with one single licence to be granted to the NOS (Dutch Broadcasting Foundation). At present the NOS has responsibilities in particular with regard to the common programming of all the broadcasting organisations operating in the public broadcasting system of The Netherlands, such as news and sports. However, individual broadcasting organisations, each of which...

IRIS 1998-4:1/19 [NL]  Refusal of Broadcasting Organisations to License their Television Listings in Breach of Competition Act

In his report of 13 March 1998, the Director-General of the Dutch Competition Authority (DCA) rendered his provisional opinion on the complaint of De Telegraaf (publisher of a vast number of newspapers and magazines) with respect to the refusal of both NOS (Dutch Broadcasting Foundation) and HMG (Dutch Media Group) to grant De Telegraaf a licence to publish their lists of television programmes in a weekly television guide. The Director-General considers this refusal to be a breach of the new Dutch Competition Act, which was introduced on 1 January 1998. This case resembles to a certain extent...

IRIS 1998-2:1/20 [NL] Draft Bill on Computer Criminality

A draft Bill on Computer Criminality (Voorontwerp Wet Computercriminaliteit) has been proposed in order to amend Article 53 of the Dutch Criminal Code ( Wetboek van Strafrecht) which protects publishers from being held liable for the content of the published material in the case where they were unaware of the criminal character of the content in question or when they by no means could control it. This liability-exception should, according to the draft, also extend to Internet Service Providers and all other intermediaries (therefore also to broadcasters) functioning as outlets for expressions...