Thursday, 09 February 2012 00:00

Decision 535/2012

Decision on the prior notification of a concentration, pursuant to Articles 5-10 of L. 3959/2011 (Government Gazette Issue 93/A/2011) and 3 par. 7(a) of L. 3592/2007 (Government Gazette Issue 161/A/2007), regarding the acquisition of sole control over the company under the name “ALPHA MEDIA GROUP LIMITED” by the company “SIXOMEN LIMITED” of Mr. Dimitris Kontominas. 

Decision 535/2012
File (PDF) Decision 535/2012
Date of Issuance of Decision

February 9th, 2012

Government Gazette Issue No
Relevant Market

Mass media 

Subject of the Decision

Merger

Legal Framework

Phase Ι (Article 8 par. 3 of L. 3959/2011)

Operative part of the Decision

Clearance. 

Acquiring company(ies)

SIXOMEN LIMITED

Target company

ALPHA MEDIA GROUP LIMITED

Summary of Decision

On 13.01.2012, a prior notification was submitted to the General-Directorate for Competition regarding the acquisition of 66.6% of the shares of the paid-up share capital of “ALPHA MEDIA GROUP” by “SIXOMEN Limited”, of Mr. Dimitrios Kontominas.  As a result of the merger, the acquirer obtains sole control over the company “ALPHA MEDIA GROUP” (100%), as SIXOMEN already possesses the 33,4% of the share capital of the former. As a matter of fact, it obtains the full and sole control over the companies “Alpha Satellite Television SA” and “PLUS PRODUCTIONS COMMERCIAL S.A.” (“PLUS PRODUCTIONS”), which are controlled by “ALPHA MEDIA GROUP”

The acquirer, in addition to its participation in the “ALPHA MEDIA GROUP” controls other media companies.  Specifically, the companies it controls operate a radio station in the prefecture of Attica, a radio station in the prefecture of Thessaloniki and a regional television station. In addition, Mr. Dimitrios Kontominas participates in a company, which publishes a magazine distributed in the prefectures of Attica and Thessaloniki and a nationwide newspaper.

For the purposes of the case and in accordance with the provisions of article 3 of law 3592/2007, the following media markets were defined: (a) television, (b) radio, (c) magazines and (d) newspapers. With regard to the relevant geographic market, this was defined on the basis of the scope of each media. Moreover, the market of content production was defined as a relevant market, in which “PLUS PRODUCTIONS” operates. The whole of the Greek Territory was defined as the relevant geographical market for this product market. Based on the respective calculation of market shares, the market shares in the relevant markets examined (in terms of the mass medium used and the geographical distribution), did not exceed the limits set by law 3592/2007 regarding the concentration of control in the media. Furthermore, the market share of “PLUS PRODUCTIONS” in the relevant market that falls outside the scope of law 3592/2007, is such that it does not raise serious doubts as to the possibility of the merger to significantly restrict competition in the specific relevant market. 

For these reasons, the competent Chamber of the Hellenic Competition Commission approved the merger, as it conforms with the thresholds set by law 3592/2007, it does not lead to the acquisition of dominant position in the mass media relevant markets and it does not raise serious doubts as to its ability to significantly restrict competition in the relevant markets concerned. 

Judicial Means

Final. No appeal.

Decisions by the Court of Appeal of Athens (Administrative Division)

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