Canal + has breached commitments made at the acquisition of TPS, said Wednesday the Competition Authority, which withdraws the decision to authorize the transaction and places the encrypted string in a difficult position even as the authorities are looking at its stake in the TV division of Bolloré.
Vivendi's subsidiary is accused of several violations by the Authority of the 59 commitments made in 2006, some considered "essential", what prompted the regulator to decide on the first withdrawal of authorization in its history, plus a fine of 30 million euros.
The Authority one month left to the parties concerned to inform him of the operation again, which would be studied on a new basis.
"We will put everything flat.The authorization of 2006 no longer exists.We will discuss again all under the market situation today, "said Bruno Lasserre, President of the Authority, at a press conference.
The regulator could start by redefining the characteristics of the market affected by the operation, by drawing a border more or less clearly between the segments of pay television and free.
With a dominant position in pay TV, Canal + is a relatively small player in the free.
"There is no doubt that we will do a thorough review of this matter," whose outcome is likely to be one of two options: allow the operation by asking for new commitments to Canal +, or give a green light by imposing unilateral orders, said Bruno Lasserre.
Canal +, for its part that it would initiate action against that decision, saying it "is of course not possible to challenge a merger nearly five years."
The pay-TV may request that the State Council an interim order to suspend the regulator's decision, giving the necessary time to the State Council to rule on the merits of the case.
CONCESSIONS
The regulator's decision comes as the acquisition of a 60% of Canal + in the television division of the Bolloré group – which includes the general channel Direct 8 Direct Star and music, as well as advertising – is waiting for the green light authorities.
"Channel is clearly in a dominant position in the pay and instead abused.Now he wants to go in the free, "said one media analyst who declined to be named.
"I do not think that this decision will undermine the 'deal' with the GST or cancel Bolloré, but all this will lead to new commitments by Canal in both the paid and free."
Canal + has struck a blow in early September by announcing the takeover of two DTT channels free of Bolloré, a process seen by experts as a threat to TF1 and M6, and is expected to reshuffle the cards in the French media landscape .
If it is validated, the transaction would enable Canal Plus to have a total of three free channels on DTT counting i> Télé, making par with TF1, owner of NT1 and TMC, and distancing M6, W9 holder.
The subsidiary of Vivendi, however, could be asked of concessions by regulatory authorities, because the regulations up to seven the number of possible frequencies for the TNT group. However, the acquisition of Direct 8 Direct Star and bringing to eight the total channels of Canal +, not counting its draft free channel called Canal20.
Examination of the application and Direct 8 Direct Star will be done separately from that of the GST case, but delays are likely to be concurrent, around six months, said Bruno Lasserre.The Authority, he added, has not received any notification for the time of Canal + Group for the second file.