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Australian Competition and Consumer Commission Question: 1 Topic: Experience in Media Related Mergers Reference: 31 March 2016 – Hansard Page 44 Senator: Urquhart

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Australian Competition and Consumer Commission Question: 1 Topic: Experience in Media Related Mergers Reference: 31 March 2016 – Hansard Page 44 Senator: Urquhart Senate Environment and Communications Legislation Committee ANSWERS TO QUESTIONS ON NOTICE Inquiry into the Broadcasting Legislation Amendment (Media Reform) Bill 2016 Agency: Australian Competition and Consumer Commission Question: 1 Topic: Experience in media related mergers Reference: 31 March 2016 – Hansard page 44 Senator: Urquhart Question: Senator URQUHART: What experience does the ACCC have in assessing proposed deals against the criteria of media concentration or dilution of independent voices? Mr Sims: I will let Rami answer that in detail, because we have dealt with quite a number of mergers and Rami can describe that. In a sense, the current rules that are in existence now have limited the available mergers, but obviously, as you see with Foxtel-Ten, new technologies are throwing more things at us. Foxtel-Ten forced us to look at a lot of things. In the end, I think the dominant factor was the fact that it was a minority shareholding, but I think that gave us a good experience base. But we have done a lot of things in the past. Mr Greiss: We have looked at 55 media related mergers since 2006. Senator URQUHART: Are you able to provide the details of those on notice? Mr Greiss: I certainly can, yes. Senator URQUHART: Great. Sorry, I did not mean to stop you. Mr Greiss: That is okay. Senator URQUHART: If you want to elaborate a little bit, it would be good to have a bit more detail— Mr Greiss: I am absolutely happy to provide that list of matters. It is all on the public record. When we looked at, for example, the merger of Foxtel and Austar a few years ago, that was a very wide ranging review and took us down a number of paths, so we built up a lot of expertise then. It is one of those market segments or one of those industries which have a lot of rapid change, so of course we need to ensure that we keep up with where things are at. But, as Rod said, the specialist telecommunications division provides that expertise. Mr Sims: I think it is fair to say that many of these things have been perhaps narrower issues than we will be facing in future, and I think we will be facing more complex issues whether or not these changes are made, simply because the world is changing so much. We will have to grapple—again, from an SLC point of view—with the diversity question in more detail, but I think that is inevitable one way or another, and we have the skills, I think, to give it a good job. 2 Answer: Number of No Year media Opposed Undertakings Not opposed Withdrawn decision mergers 2006 8 1 0 7 0 2007 20 0 3 17 0 2008 5 0 0 4 1 2009 5 0 0 3 2 2010 5 0 0 5 0 2011 4 0 0 3 0 1 2012 4 1 1 2 0 2013 0 0 0 0 0 2014 1 0 0 1 0 2015 3 0 0 3 0 2016 to 0 0 0 0 0 date Total 55 2 4 45 3 1 3 2006 (8) • News Limited - acquisition of Noosa Journal Review type: Informal Review Date completed: 6th December 2006 Industry: Newspaper Outcome: Not opposed • News Limited - proposed acquisition of FPC Magazine Group Review type: Informal Review Date completed: 28th November 2006 Industry: Publishing Outcome: Not opposed • Community Newspaper Group Limited - acquisition of The Advocate Review type: Informal Review Date completed: 28th November 2006 Industry: Newspaper Outcome: Not opposed • Win Corporation Pty Ltd - proposed acquisition of SelecTV Broadcasting Ltd Review type: Informal Review Date completed: 15th August 2006 Industry: Television services Outcome: Not opposed • ThoroughVisioN and Sky Group - proposed joint venture Review type: Joint Venture Arrangement Date completed: 15th August 2006 Industry: Racing broadcasting Outcome: JV not approved • Media Monitors Australia Pty Ltd - acquisition of Rehame Australia Monitoring Services Pty Limited Review type: Informal Review Date completed: 4th July 2006 Industry: Media Intelligence Outcome: Not opposed • The Border Morning Mail Limited - proposed sale. Review type: Informal Review Date completed: 6th June 2006 Industry: Newspaper printing or publishing Outcome: Not opposed • News Limited - proposal to acquire two suburban newspapers: 'Westside Weekly' (circulating in south- west Brisbane) and 'Ipswich's Own'. Review type: Informal Review Date completed: 28th March 2006 Industry: Newspaper Printing or Publishing Outcome: Not opposed 4 2007 (20) • ACP Magazines Ltd - completed joint venture with Northern & Shell Plc Review type: Informal Review Date completed: 20th December 2007 Industry: Magazines and Publications Outcome: Not opposed • Google Inc - proposed acquisition of DoubleClick Inc Review type: Informal Review Date completed: 30th October 2007 Industry: Media (Internet Advertising) Outcome: Not opposed • Seven Network Limited - proposed acquisition of Unwired Group Limited Review type: Informal Review Date completed: 25th October 2007 Industry: Media Outcome: Not opposed • Macquarie Media Group - proposed acquisition of certain regional radio assets owned by Fairfax Media Limited – Review type: Informal Review Date completed: 17th October 2007 Industry: Media Outcome: cleared with s87B undertaking to divest radio stations in Bundaberg, Port Lincoln, Spencer Gulf, Launceston, Burnie, Devonport, Queenstown, Scottsdale. • Macquarie Media Group - proposed acquisition of Southern Cross Broadcasting (Australia) Ltd – Review type: Informal Review Date completed: 17th October 2007 Industry: Media Outcome: related to the transaction above and resolved via the same undertakings. • ACP Magazines Pty Ltd - acquisition of EMAP Australia Pty Ltd Review type: Informal Review Date completed: 18th September 2007 Industry: Magazine publishing Outcome: Not opposed • Fairfax Media Limited - acquisition of Riverina Media Group Review type: Informal Review Date completed: 18th September 2007 Industry: Media - newspapers and printing Outcome: Not opposed • Fairfax Media Limited - proposed acquisition of certain assets of Southern Cross Broadcasting (Australia) Ltd Review type: Informal Review Date completed: 13th September 2007 Industry: Media Outcome: Not opposed • Pacific Magazines Pty Ltd - proposed acquisition of EMAP Australia Pty Ltd 5 Review type: Informal Review Date completed: 13th September 2007 Industry: Magazine publishing Outcome: Not opposed • WIN Television Network Pty Ltd - proposed acquisition of Channel 9 South Australia Pty Ltd Review type: Informal Review Date completed: 2nd July 2007 Industry: Media – television Outcome: Not opposed • Pacific Magazines Pty Ltd - proposed acquisition of certain magazine titles of Time Inc Magazine Company Pty Ltd, IPC Media Australia Holdings Pty Ltd Review type: Informal Review Date completed: 26th June 2007 Industry: Magazines and publications Outcome: Not opposed • News Limited - proposed acquisition of certain magazine titles of Time Inc Magazines Company Pty Ltd, IPC Media Australia Holdings Pty Ltd Review type: Informal Review Date completed: 26th June 2007 Industry: Magazines and publications Outcome: Not opposed • Prime Television Limited - acquisition of 2 AM radio stations from Elmie Investments Pty Ltd Review type: Informal Review Date completed: 25th June 2007 Industry: Media - Radio communications Outcome: Not opposed • West Australian Newspapers Holdings Ltd (WANH) - acquisition of The Kimberley Echo Review type: Informal Review Date completed: 9th May 2007 Industry: Media - Newspaper publishing Outcome: Not opposed • Fairfax Media Limited - proposed acquisition of Rural Press Limited Review type: Informal Review Date completed: 18th April 2007 Industry: Media - Newspaper publishing Outcome: cleared with s87B undertaking to divest two newspapers in Newcastle/Hunter. • PBL Media Pty Ltd - proposed acquisition of Swan Television & Radio Broadcasters Pty Ltd Review type: Informal Review Date completed: 20th March 2007 Industry: Media Outcome: Not opposed • PBL Media - proposed joint venture between Elders Ltd, Bell Potter, PBL Media Review type: Joint Venture Arrangement Date completed: 8th March 2007 Industry: Media Outcome: Not opposed • West Australian Newspapers Holdings Limited - acquisition of Bunbury Area Licence & associated radio station from Elmie Investments 6 Review type: Informal Review Date completed: 20th February 2007 Industry: Media - print and radio Outcome: Not opposed • News Ltd - acquisition of three newspaper titles from Times Publications Review type: Informal Review Date completed: 30th January 2007 Industry: Suburban newspaper publishing Outcome: Not opposed • News Limited - proposed acquisition of certain community style newspapers and magazines of FPC Community Media Group Review type: Informal Review Date completed: 17th January 2007 Industry: Publishing Outcome: Not opposed 7 2008 (5) • APN News & Media Ltd - proposed acquisition of Northern Rivers Echo Review type: Informal Review Date completed: 18th November 2008 Industry: Community News Paper Outcome: Not opposed • Seven Network Limited - completed acquisition of West Australian Newspaper Holdings Ltd (WANH) shares Review type: Informal Review Date completed: 29th October 2008 Industry: Media Outcome: Not opposed • ACP Magazines Pty Limited - completed swap of magazine titles with Next Media Investments Pty Ltd Review type: Informal Review Date completed: 13th June 2008 Industry: Media Outcome: Not opposed • Joint venture between ACP Magazines Pty Ltd and BBC Magazines Review type: Informal Review Date completed: 16th April 2008 Industry: Magazine publishing Outcome: Not opposed • Illyria Pty Limited and Consolidated Press Holdings Limited - proposed acquisition of Consolidated Media Holdings Limited Review type: Informal Review Date completed: 7th April
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