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In accordance with its provisional assessment of 22 February 2011 (see IRIS 2011-4/19), the Bundeskartellamt (Federal Cartel Office - BKartA) rejected on 17 March 2011 the plan of RTL and ProSiebenSat.1 to set up a joint venture for the establishment and operation of an online video platform. In the Cartel Office’s opinion, such a platform would further strengthen the two broadcasting groups’ existing market-dominating duopoly. In particular, the plan would have the effect of preserving the current situation on the television advertising market and transferring it to in-stream advertising in online...

On 26 January 2011 the Bundeskommunikationssenat (Federal Communications Board - BKS) decided that the programme “Von Römern, Wein und heißen Quellen” (“About Romans, wine and hot springs” in the “Erlebnis Österreich” (“Experience Austria”) series on the Romanisation of Styria, early wine-growing in the region and the use of thermal springs did not constitute surreptitious advertising within the meaning of section14(2) of the ORF-Gesetz (Law on the Austrian Broadcasting Corporation - ORF-G) in the version applicable when the programme was transmitted. In order to explain the change in the use of...

The European Commission has finished the preliminary analysis of the measures implementing the Audiovisual Media Services (AVMS) Directive into national law notified by 16 Member States: Belgium, Bulgaria, Czech Republic, Denmark, Finland, France, Greece, Ireland, Italy, Malta, the Netherlands, Romania, Spain, Sweden, Slovakia and the United Kingdom. Subsequently, the European Commission has sent fact-finding letters to these states inquiring about these implementing measures. The Commission is thus seeking to ensure that all provisions of the AVMS Directive have been correctly transposed into...

On 7 April 2011 Advocate General Yves Bot delivered his opinion on case C-281/09 of the European Commission v. Spain on the question of the legal definition of television advertising spots and other forms of advertising under the EU’s Television without Frontiers (TWF) Directive. The question arose when Spain was accused by the European Commission of failing to comply with the advertising rules of the TWF Directive. Article 18 of the Directive imposes an upper time limit of 12 minutes per clock hour to the transmission of television advertising spots and teleshopping, while other forms of advertising...

On 21 December 2010 the State Duma (parliament) adopted at the third and last reading the bill “О защите детей от информации, причиняющей вред их здоровью и развитию” (On the Protection of Minors against Information Detrimental to their Health and Development) (see IRIS 2009-8/29), which was signed into law by the President on 29 December 2010. It comes into force on 1 September 2012. The new federal statute shall regulate “products of the mass media, printed materials, audiovisual materials on any material object, computer programmes and databases, as well as information disseminated by means...