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Konkurentsiamet

Teade telekanalite MTG Broadcasting AB ja AS Latvijas Neatkarīgā Televīzija koondumise kohta Lätis

Läti Konkurentsinõukogu teatab, et 10.05.2012.a otsusega anti luba koondumisele, mille tulemusena omandab MTG Broadcasting valitseva mõju aktsiaseltsi AS Latvijas Neatkarīgā Televīzija üle. Läti Konkurentsinõukogu andis koondumiseks loa tingimusel, et koondumise osalised täidavad endale võetud kohustused.

Kuna koondumise osaliste poolt võetud teatud kohustused puudutavad ka Eestit, avalikustab Konkurentsiamet alljärgnevalt Läti Konkurentsinõukogu soovil kohustuste teksti ingliskeelse versiooni:


1.1. MTG Broadcasting AB (MTG) ensures that channels TV 3 and LNT are distributed free of charge through terrestrial broadcast until December 31st, 2013;

1.2. MTG channels (TV3, 3+, TV6) are not tied with AS “Latvijas Neatkarīgā Televīzija” channels (LNT, Kanāls2, TV5) when sold to retailers;

1.3. MTG channels (TV3, 3+, TV6) and AS Latvijas Neatkarīgā Televīzija (LNT, Kanāls2, TV5) channels are offered separately as well as tied and with discounts. Discounts for the tied channel offer cannot exceed 20% from total price for respective channel group, if they are purchased separately;

1.4. Distribution of MTG channels (TV3, TV6, 3+, LNT, TV5, Kanāls2) is carried out without intermediary involvement;

1.5. VIASAT AS and other retailers are provided with equal and non-discriminatory options and conditions to buy MTG (TV3, 3+, TV6) and AS Latvijas Neatkarīgā Televīzija (LNT, Kanāls2, TV5) channels’ retransmission rights;

1.6. All contracts that were signed in 2012 for „classical advertisement” placement in television channels TV3, TV6, 3+ remain in force on constant terms (including promotional rates) until December 31st , 2012, or until the contract expires;

1.7. MTG does not change terms of business with the existing „classical advertisement” placement service recipients by ensuring partners - advertisers – the possibility to extend the previous year „classical advertisement” placement service contracts for channels TV3, TV6, 3+ on fixed rules. MTG applies equal and non-discriminatory cooperation rules for potential „classical advertisement” placement service recipients;

1.8. After the year 2012, „classical advertisement” placement service price list for channels TV3, TV6 and 3+ is determined by the previous year price list, allowing price increase that does not exceed the previous year coefficient of inflation (according to Central statistical Bureau official data);

1.9. MTG until February 1st of each year submits to the Competition Council average price change data audited and approved by an international firm of auditors, including the MTG „classical advertisement” gains on sales data. MTG until February 1st of each year submits to the Competition Council independent media research agency aggregated advertisement placement service sales data for previous year;

1.10. MTG ensures that channels TV3, 3+, TV6 and channels LNT, Kanāls2, TV5, when offering advertisement placement services, are not tied together;

1.11. When offering advertisement placement services, MTG Latvian channels (TV3, 3+, TV6, LNT, TV5, Kanāls2) are not tied to MTG channels, that are distributed in Estonia and Lithuania;


1.12. Both LNT and TV3 channels maintain individually independent and permanent news editorial and news staff, as well as ensure news quantity that is not lower than it was at the decision-making moment. Both TV3 and LNT channel editors job descriptions separately secure their editorial independence from the media owner – MTG;

1.13. MTG provides channel concepts for national commercial televisions LNT and TV3, ensuring the availability of original (produced in Latvia) content for not less than 21% of broadcasting time;

1.14. MTG until September 1st, 2014 submits to the Competition Council a report, that contains information that is required by the Government rule Nr.800 „Procedures for submission and review of full and summary report on market participants merger” as well as information and documents on merged market participant activities in Latvia, financial position, and assessment of the situation in advertisement placement service in television platform market;

1.15. MTG until September 1st, 2017 submits to the Competition Council a report, that contains information that is required by the Government rule Nr.800 „Procedures for submission and review of full and summary report on market participants merger”, including the details of the merged market participant activities in Latvia, financial position, assessment of the situation resulting from the merger in the specific markets and execution of the remedies defined in remedies 4th point.

2. 1.1.point of remedies is valid until December 31st, 2017.

3. The Competition Council evaluates the information defined in the remedies 1.14. point and additionally obtained information, and by December 31st 2014, takes corresponding decision and decides on the need to end the remedies or maintain them in force until December 31st, 2017;

4. The Competition Council evaluates the information mentioned in the decision’s 1.15.point and additionally obtained information, and by December 31st 2017 takes decision on the need to apply remedies – fixed asset expropriation.
 

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Külliki Lugenberg
Koondumiste kontrolli osakonna nõunik
Konkurentsiamet
Telefon: 667 2483
E-post: kulliki dot lugenberg at konkurentsiamet dot ee