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.

Background

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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