On February 20, 2012, an ICC tribunal decided a claim in relation to commitments attached to a European Commission (“Commission”) merger decision clearing News Corporation’s acquisition of two satellite broadcasters.
While the raising of competition claims in arbitration is not a new development, this case appears to be the first time that an ICC tribunal has decided on issues of Commission-approved merger commitments. The case exemplifies the evolving nature of private enforcement, be that through litigation or arbitration, of competition law claims in the EU.
Reti Televisive Italiane (RTI) is a subsidiary of Italy’s largest commercial broadcaster, Mediaset Group, which was founded in the 1970s by Silvio Berlusconi. Mediaset’s main competitor is a pay-TV channel, Sky Italia, which is owned by News Corporation, the U.S. company founded by Rupert Murdoch...
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