Target(s)
- Austar United Communications Limited
Summary
Market definition
Please refer to attached Public Competition Assessment.Competition analysis
Please refer to attached Public Competition Assessment.Undertakings
Variation to 87B undertaking - 24 July 2013. The ACCC consented to a variation to the section 87B Undertaking given by FOXTEL Management Pty Ltd (for and on behalf of the FOXTEL Partnership) on 9 April 2012. On 28 June 2013, News Corporation split into two separate entities, Twenty-First Century Fox Inc and the new News Corporation, with the FOXTEL assets being held by the new News Corporation. Following the split, Twenty-First Century Fox Inc is not an Ultimate Shareholder of FOXTEL. As a result, the Undertaking would prevent FOXTEL from entering into exclusive agreements for content supplied by Twenty-First Century Fox Inc. The purpose of the variation is to permit FOXTEL to enter into exclusive arrangements for content supplied by Twenty-First Century Fox Inc that, prior to the split of News Corporation, was being supplied to FOXTEL by News Corporation and its affiliates on an exclusive basis, namely FOX News, FX, FX HD and Baby TV.Statement of issues
Public competition assessment
Undertakings
Timeline
| Date | Event |
|---|---|
| 26/05/2011 | ACCC commenced review under the Merger Review Process Guidelines. |
| 16/06/2011 | Closing date for submissions from interested parties. |
| 22/07/2011 | ACCC published a Statement of Issues outlining preliminary competition concerns. |
| 11/08/2011 | Closing date for submissions relating to Statement of Issues. |
| 19/08/2011 | ACCC requested further information from the merger parties. Former proposed decision date of 8 September 2011 delayed. ACCC timeline suspended pending receipt. ACCC will announce a new proposed decision date upon receipt of further information from the parties. |
| 14/10/2011 | ACCC received further information from the merger parties. ACCC timeline recommenced. |
| 28/11/2011 | ACCC timeline suspended at the request of FOXTEL to allow it to make further submissions. Former proposed decision date of 30 November 2011 delayed. ACCC will announce a new proposed decision date in due course. |
| 07/03/2012 | ACCC commenced market inquiries on the draft s.87B undertaking proffered by the parties. ACCC timeline recommenced. |
| 20/03/2012 | Closing date for submissions relating to draft s.87B undertaking. |
| 27/03/2012 | ACCC timeline suspended to allow FOXTEL and the ACCC to continue negotiations on the draft s.87B undertaking. Former proposed decision date of 29 March 2012 delayed. A new decision date will be published as soon as possible. |
| 05/04/2012 | ACCC timeline recommenced. |
| 09/04/2012 | 87B undertaking accepted by ACCC. |
| 10/04/2012 | ACCC announced it would not oppose the proposed acquisition. |
| 29/04/2013 | ACCC executed a variation to 87B undertaking. |