The Media Council of Nemzeti Média- és Hírközlési Hatóság (NMHH – National Media and Infocommunications Authority) refused to give its special administrative approval; consequently, the Gazdasági Versenyhivatal (GVH – The Hungarian Competition Authority) prohibited the merger between Magyar RTL Televízió Zrt. and Central Digitális Média Kft.
On 15 October 2016 Magyar RTL Televízió Zrt. submitted an application form for the authorisation of a concentration, in order to be able to gain 30% of the shares and controlling rights in Central Digitális Média Kft., an undertaking operating in the market of online content provision and advertising.
Pursuant to the provisions of the media law (Act CLXXXV of 2010 on Media Services and Mass Communication), the GVH must ask for a special administrative resolution from the Media Council of the NMHH.
The Media Council of the NMHH refused to give its approval in its special administrative resolution of 24 January 2017 regarding RTL Klub, www.rtl.hu/rtlklub, www.rtl.hu/most, which are media products of the Bertelsmann-group; as well as startlap.hu, 24.hu, NLCafé, HaziPatika.com, Vezess.hu, Hírstart.hu, which are media products of CDM. As regards Citromail.hu mailing service and SegmentAd e-mail database, it established that it does not have special administrative competence.
Pursuant to the relevant provisions of the media law, the GVH is bound by the resolution of the Media Council refusing the special administrative approval; therefore the GVH prohibited the transaction.
The special administrative resolution may be appealed via legal remedy against the decision to terminate the proceeding, as the special administrative resolution may not be appealed separately on its own.
Case number: Vj/87/2016.
Budapest, 20 February 2017.
Hungarian Competition Authority