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The opinions expressed in this report are purely those of the authors and may not in any circumstances be regarded as having been adopted or in any way approved by the European Commission and should not be relied upon as a statement of the Commission’s or DG Competition’s views. The European Commission does not guarantee the accuracy of the data included in this report, nor does it accept responsibility for any use made thereof. Although every effort has been made to ensure the accuracy of the material and the integrity of the analysis presented herein, the Institute of European Media Law e.V. (EMR) accepts no liability for any actions taken on its basis.
The author wishes to thank Mr. Anastasios Sivridis for his valuable help in the preparation of this study, and Ms. Olga Droussioti from the Service of the Cyprus Commission for the Protection of Competition for providing relevant materials from the decisional practice of the Cyprus Commission for the Protection of Competition and its Service, on which this study was based. A special thanks to Ms. Katherine Simpson for her valuable help editing this paper.
The author of this chapter would like to thank the staff of the Competition Council of the Republic of Lithuania, and particularly Mr. Aurimas Jankauskas, the Chief expert of the Competition Policy and Foreign Relations Division, for the assistance in providing the materials and information necessary for this study.
On European Community level, competition policy and the application of competition legislation to the media sector does not present itself, generally speaking, different from its implementation in other business areas. Despite the fact that a debate, initially taken up in 2002 and continued until today, on whether there should be a genuine regulatory framework that deals with media concentration on a pan-European basis – reflecting discussions held in the first half of the ‘90s but left without any measures being taken –, at present no specific media-related antitrust legislation has been adopted4 . However, the European Community law recognises that Member States may have relevant legislation in place, for instance as has been stipulated by Art. 21 (4) of the Merger Regulation5 and in accordance with the case law of the European Court of Justice.
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