17 July, 2023
GIGAEurope, ETNO & GSMA seek greater clarity on the media concentration screening mechanism in the European Media Freedom Act
Industry associations representing fixed and mobile connectivity providers in Europe, GIGAEurope, ETNO and GSMA, wholly support the objectives of the European Media Freedom Act (EMFA) to protect media independence and plurality, which are essential for functioning democracies and markets. As the legislative process advances, however, we would like to take this opportunity to recall the importance of ensuring that procedures for screening concentrations in Articles 21 and 22 provide the requisite legal certainty for companies with media-related services in their portfolios
Drawing on related EU instruments,[1] GIGAEurope, ETNO and GSMA respectfully propose to reinforce Articles 21 and 22 of the EMFA proposal with the following technical details to ensure efficiency, predictability, and a clear division of responsibilities across the different regulatory bodies involved in this process.
As investors and operators of Gigabit and 5G connectivity networks across Europe, our members play an important role in delivering audiovisual media services to EU citizens. The absence of the above procedural details on assessment timelines and safeguards for commercially sensitive information in the EMFA’s concentration screening mechanism could contribute to substantial delays and divergent procedures. This may lead ultimately to a more fragmented business landscape and unintentionally disincentivise valuable investment in the EU.
For questions or clarifications on this joint statement, please contact:
- GIGAEurope: Emily O’Reilly, Public Policy Director (emily.oreilly@gigaeurope.eu)
- ETNO: Ross Creelman, Public Policy Manager (creelman@etno.eu)
- GSMA: Maria Sendin Valle, Antitrust Director (msendin@gsma.com)
[1] See, for example, the EU Merger Regulation and the FDI Screening Regulation.
