Monday, 04 June 2018 12:01

Decision 659/2018

Decision on the proposed acquisition of sole control by ‘‘ALTER EGO MEDIA S.A.’’ over the assets of the company ‘‘Lambrakis Press Group S.A.’’.

Decision 659/2018
File (PDF) Decision 659/2018
Date of Publication of Decision June 4th, 2018
Issue Number of Government Bulletin 3315/B΄/07.08.2020
Relevant Market TV, newspapers, radio
Proceedings Merger
Legal Framework Phase II (Articles 8 par. 6 and 8 of the Greek Competition Act 3959/2011)
Decision Clearance
Acquiring Company ALTER EGO MEDIA S.A.
Target Company Lambrakis Press Group S.A. (DOL S.A.)
Summary of Decision

I. The Commission in plenary unanimously:

A)Approves the concentration, notified to it on 13.12.2017 (under reference number 7380), which concerns the acquisition of sole control by the company "ALTER EGO MEDIA S.A." over part of the assets of the company ‘‘Lambrakis Press Group S.A.’’, pursuant to the Notorial Deed - Transfer agreement of the Assets Group B (no. 67.159/10.08.2017) of the company under special liquidation DOL SA. This concentration, although it falls within the scope of Article 6 (par. 1) of the Greek Competition Act 3959/2011 and Article 3 of law 3592/2007, on the one hand significantly falls short of the thresholds of Article 3 (par. 3) of law 3592/2007, i.e. 35% in each of the sub-markets of television, newspapers and radio or 32% in all markets of television and newspapers, therefore the notifying company will not acquire a dominant position in the above sub-markets. On the other hand, the concentration does not raise serious doubts, pursuant to Article 8 par. 3 of law 3959/2011 as to its compatibility with the competition rules in the relevant markets involved.

B) Finds that the company "ALTER EGO MEDIA SA" violated the prohibition of the implementation of the concentration, before the issuance of the approval decision by the Competition Commission and imposes on the latter company a fine of thirty thousand (30,000) euros, pursuant to article 9 par. 1 of the Greek Competition Act 3959/2011.

C) Finds that the company "ALTER EGO MEDIA SA" infringed its obligation for timely notification of the concentration, according to Article 6 par. 1 of the Greek Competition Act 3959/2011 and imposes on the latter company a fine of fifty thousand (50,000) euros, based on Article 6 par. 4 of the Greek Competition Act 3959/2011.

II. The Commission in plenary and by a  majority:

A) Finds that the company "Alter EGO MEDIA SA" holds an indirect de facto joint control over the press distribution company “ARGOS SA” with Its shareholders "ELEFTHERIA TYPOU SA", "PROTO THEMA SA" and "S.A.J.P PUBLICATIONS PC".

And
B) Unanimously orders the conduct of an ex-officio investigation in the individual market of the press distribution in the Greek territory.

Judicial Means   Not final. Decision has been appealed.
Decisions by the Court of Appeal of Athens(Administrative Division)  -
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