Acquirer: Hoyts Corporation Pty Ltd The; Target: Val Morgan Cinema Advertisers, Greater Union Organisation Pty Ltd, Village Cinemas Australia Pty Ltd

Acquirer(s)

  • Hoyts Corporation Pty Ltd The

Target(s)

  • Val Morgan Cinema Advertisers, Greater Union Organisation Pty Ltd, Village Cinemas Australia Pty Ltd

Summary

As required by the section 87B undertakings offered by Val Morgan Holdings Pty Limited, Hoyts Multiplex Cinemas Pty Limited, The Greater Union Organisation Pty Limited, Village Cinemas Australia Pty Limited, Independent Cinema Advertising Pty Limited, Val Morgan and Co (Australia) Pty Limited and Media Entertainment Group Limited, accepted by the ACCC on 13 December 2002 and varied by a variation accepted by the ACCC on 12 November 2003, The Greater Union Organisation Pty Limited and Village Cinemas Australia Pty Limited divested their respective shares in Val Morgan Holdings Pty Limited (please see public register entries for the original undertaking in December 2002 and the variation to the Undertaking in November 2003).

Market definition

Not considered

Competition analysis

As part of the share sale, long term exclusive advertising agreements for film advertising (that is not including slide advertising) were offered by Val Morgan to each of Greater Union and Village.

The ACCC was concerned that Hoyts (as owner of Val Morgan) would be able to obtain admission figures for competitors thereby obtaining information not ordinarily available to a competitor. The ACCC obtained assurances from Val Morgan regarding information to be made available to Hoyts. The text of these assurances may be obtained from the ACCC. These assurances confirm that where an exhibitor provides admission data to Val Morgan for the purposes of Val Morgan providing more accurate data to advertisers of the audience who has viewed individual campaigns, Val Morgan will not provide that raw data to a third party or to Hoyts and its holding companies. Such data must be aggregated in such a way that it may not be disaggregated so as to eliminate the possibility of identifying particular sites.

Merger type

New Entry

Guidelines thresholds

Unknown

Imports above 10%

Unknown

Initiation

Parties

ANZSIC code

7851