Local view for "http://purl.org/linkedpolitics/eu/plenary/2005-04-12-Speech-2-266"
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"en.20050412.29.2-266"2
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".
According to the merger regulation, the Commission cannot take pluralism of the media into account as a legal criterion when it decides whether a merger with a Community dimension is compatible with the common market. In carrying out its assessment, it is entitled to take account only of competition-related or economic criteria when determining whether the transaction in question significantly impedes competition in the common market.
However, notwithstanding the Commission’s sole jurisdiction to examine mergers with a Community dimension, Article 21(4) of the regulation provides that Member States may take appropriate measures to protect legitimate interests other than those taken into consideration by the regulation, provided that they are compatible with the general principles and other provisions of Community law.
The legitimate interests specifically recognised by the merger regulation include media plurality. ‘The Member State’s right to plead the plurality of the media recognises the legitimate concern to maintain diversified sources of information for the sake of plurality of opinion and multiplicity of use’. This would appear to include the objective information referred to in the question by the honourable Member.
It is clear from the foregoing that the Member States should as a matter of priority take appropriate measures under their national law to safeguard the plurality of the media if that legitimate interest were to be threatened by a merger with a Community dimension.
Lastly, the Commission points out that in practice the aim of the merger regulation, namely to preserve and develop competitive market structures, can go hand in hand, at least to some extent, with safeguarding media plurality. When the Commission considers whether a merger with a Community dimension hampers competition on a media market, it necessarily examines the degree of concentration and hence indirectly the degree of pluralism on that market."@en1
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