Highlight 10 September 2013

Krogerus represents DNA in obtaining unconditional merger clearance for its acquisition of PlusTV

Krogerus represented the telecommunications company DNA Oy in Phase II merger control proceedings before the Finnish Competition and Consumer Authority (FCCA) in connection with DNA’s acquisition of Digi TV Plus Oy (known as PlusTV).

The merger combined the country’s leading pay-TV operators in cable and digital terrestrial television networks.

In opening Phase II investigations, the FCCA noted that both parties are strong actors in the pay-TV market. DNA is Finland’s largest cable television operator and a significant player in mobile communications and broadband markets. It also offers pay-TV services in its own digital terrestrial television network.

Following in-depth investigations, the FCCA concluded that the parties had not been particularly close competitors in the pay-TV retail market prior to the acquisition. According to the FCCA, the merger did not strengthen the buyer power of the concentration towards channel broadcasters. The FCCA also held that the merger has pro-competitive effects in television broadcasting markets.

“We are very pleased with the result and that we may now proceed with this strategic acquisition as planned,” comments Mikko Saarentaus, DNA’s director of television services.

“This was a complex case involving both horizontal and vertical issues,” comments Krogerus partner Katri Joenpolvi. “The market concerned is currently in a state of major change, as new solutions and business models for distributing television content are emerging.”

Katri Joenpolvi led the Krogerus team. Other team members included partner Petteri Metsä-Tokila and associates Jarno Käkelä and Simo Autio.

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