The Role of Media Pluralism in the Enforcement of EU Competition Law

The Role of Media Pluralism in the Enforcement of EU Competition Law
Author: Konstantina Bania
Publisher:
Total Pages: 404
Release: 2015
Genre: Antitrust law
ISBN:
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EU Competition Law is generally believed to play a negligible role in protecting media pluralism. Three arguments are usually put forward to support this position. First, the application of EU competition law ensures market access, thereby potentially delivering an outcome that is of benefit to media pluralism, but this outcome is entirely dependent on the economic concerns the European Commission attempts to address in each individual case and hence (at best) coincidental. Second, precisely because it is driven by efficiency considerations, EU competition law is incapable of grasping the qualitative dimension of media pluralism. Third, when exercising State aid control, the Commission can (and must) play only a marginal role in the planning and implementation of aid measures aimed at promoting media pluralism. This thesis puts forward the claim that EU competition law has potential that remains unexplored by questioning the accuracy of the above three assumptions. To test this claim, it examines a number of traditional and new media markets (broadcasting, print and digital publishing, online search, and news aggregation) and competition law issues (concentrations, resale price maintenance agreements, online agencies, abuses of dominance, and State aids to public service media). The study demonstrates that if relevant assessments are conducted properly, that is, by duly taking account of the dimensions that drive competition in the media, including quality, variety and originality, and by making appropriate use of the tools provided by the applicable legal framework, EU competition law may go a long way towards safeguarding media pluralism without the need to stretch the limits of the Treaty on the Functioning of the European Union. Amidst a deregulatory trend towards the media and given that the likelihood that action with far-reaching implications under other branches of EU law is low, the normative suggestions put forward in this thesis possibly form the only realistic proposal on the contribution the EU can make to the protection of pluralism.

Media Pluralism and European Law

Media Pluralism and European Law
Author: Ewa Komorek
Publisher: Kluwer Law International B.V.
Total Pages: 560
Release: 2012-12-01
Genre: Law
ISBN: 9041142177
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Although there appears to be no firm legal basis in the Treaties for EU legislative action aimed specifically at protecting media pluralism, this book opens a number of promising avenues along which a viable legal regime protecting media pluralism may be achieved in the EU. With particular focus on broadcasting, the book examines existing (albeit fragmented) legislative and regulatory measures in competition law and other areas that contribute to this goal, and sets forth ways to strengthen monitoring and transparency, generate ‘soft law with hard statements’, introduce a ‘pluralism test’ in the EU Merger Regulation, promote more public service media, and foster media literacy. Among many other issues arising in the course of the discussion, the author describes and elucidates the following: various types of integration of media companies and the different ways they affect pluralism and diversity; limitations of must-carry rules and principles of interoperability; the diverging priorities of different European organizations, institutions and bodies; and contradictory lobbying efforts from industry actors. The author places herself on the culture side of the culture/commodity dilemma, showing why it is vital for regulators to preserve media pluralism by counteracting excessive media concentration and safeguarding quality and diversity of content. In this era which is transforming media and communications industries worldwide, with an ever-increasing plethora of delivery means without respect to national borders, this book is an essential resource for regulators and other concerned policymakers, as well as for lawyers working with any aspect of media.

The Role of Media Pluralism in the Enforcement of EU Competition Law

The Role of Media Pluralism in the Enforcement of EU Competition Law
Author: Konstantina Bania
Publisher: CONCURRENCES
Total Pages: 362
Release: 2019-03
Genre:
ISBN: 9781939007858
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In an era of communicative abundance, consumers can access content anytime, anywhere and on any digital device. Safeguarding media pluralism has never before been as essential to our democracies as it is today. What role, if any, should EU competition law then play in protecting it? In delving into this question, Konstantina Bania conducts an in-depth analysis of the economics of the sector as well as the Commission's decision-making practice regarding mergers, abuses of dominance as well as anti-competitive agreements. Combining unique theoretical and practical insights, this book showcases novel tools for competition law enforcement to protect quality dimensions of competition and consumer welfare in media markets where consumers increasingly pay with their attention or data rather than money. This book is a must-read study for all scholars, competition authorities and policymakers interested in the question of how competition law can apply in such a manner that antitrust and merger assessments do not disregard non-price concerns such as privacy or diversity.

Media Pluralism in the Digital Era

Media Pluralism in the Digital Era
Author: Elda Brogi
Publisher: Taylor & Francis
Total Pages: 183
Release: 2024-09-13
Genre: Social Science
ISBN: 1040110533
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Bringing together scholars, journalists, and researchers from 27 European countries, this book provides a comparative and longitudinal analysis of the evolution of conditions and standards relevant for sustainable, free, and plural media and journalism in Europe in the last ten years. Approaching the challenging and ever-changing concept of media pluralism from various complementary and sometimes conflicting angles, combining legal, economic, social, and political perspectives, chapters provide a holistic account of the concept of media pluralism, a key condition for a well-functioning democracy. This book draws on data from the Media Pluralism Monitor project, a scientific tool designed and implemented on a regular basis to document the health of media ecosystems, to provide insights into central dimensions of media systems across the EU and candidate countries. These include: the fundamental protection of freedom of expression and safety of journalists and the independence of media authorities; market plurality, transparency of ownership, media concentration, media viability, competition enforcement, and digital platforms’ dominance; disinformation, media literacy, and digital challenges; political independence, conflicts of interest, editorial autonomy, and the independence of public service media; social inclusiveness, including access to media and representation of women and community media. Offering a comprehensive overview of key areas of EU media policy, causes and solutions for the media economic struggle, and innovative examples of business models for journalism in the digital age, this book is recommended reading for advanced students and researchers of media policy and regulation, as well as policymakers.

Fairness in EU Competition Policy : Significance and Implications

Fairness in EU Competition Policy : Significance and Implications
Author: Damien Gerard
Publisher: Bruylant
Total Pages: 167
Release: 2020-06-03
Genre: Law
ISBN: 2802767186
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The idea of fairness has recently re-entered the policy discourse underpinning competition law enforcement, in the EU and beyond. Of course, the term “unfair” can be found in the EU Treaty and the avoidance of consumers’ exploitation is the ultimate aim of competition principles. Still, the boundaries of fairness as a driver of competition enforcement appear unclear and, for some, dangerously flexible. At the same time, whilst the application of competition rules has over the years been focusing on restrictions to the competitive process with the effect of harming consumers, a wave of cases recently brought or decided at EU and national level appear to be inspired by wide and somewhat elusive fairness considerations, including non-discrimination, neutrality, equality of opportunities, natural justice or avoidance of abuse of law. Reference can be made to cases relating to product design, IP licensing, geo-blocking, network neutrality, privacy concerns or fiscal justice. This volume explores how fairness may guide competition enforcement, what its significance may be in explaining recent trends and actual outcomes, and what implications can be observed or expected by relying on a fairness standard in the design of substantive principles. Associating lawyers and economists, practitioners and academics, it discusses the boundaries of fairness in a world where the rationality of markets has been profoundly shaken by recent crises.

Boosting the Enforcement of EU Competition Law at the Domestic Level

Boosting the Enforcement of EU Competition Law at the Domestic Level
Author: Anne Looijestijn-Clearie
Publisher: Cambridge Scholars Publishing
Total Pages: 205
Release: 2017-05-11
Genre: Law
ISBN: 1443891495
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The role of the EU competition law rules in shaping the EU Internal Market can hardly be overstated. The EU substantive rules dealing with cartels, abuse of dominance and State aid have ensured, in the past decades, a much desired unity of the law applied in the diverse European markets. Yet, much of the success of the EU competition law provisions depends on its practical enforcement. The proliferation of competition law enforcement, especially since 2004, stands testimony in this respect. However, this has not come without challenges. In this context, this book aims to critically discuss certain key elements relating to the domestic enforcement of the said rules, in order to place the discussion of further boosting this enforcement exercise in the correct context. This book aims, in this respect, to find an answer to the following question: to what extent would boosting the domestic enforcement of the EU competition law rules aid the ambition of more forceful, better targeted and more resource-efficient EU competition law enforcement in the Internal Market? Topics such as the following are discussed in the contributions included in this book: the sufficiency of the enforcement toolbox of national competition authorities, the interaction between fundamental rights and competition law, and the duties of domestic bodies in this context.

Broadcasting in the European Union:The Role of Public Interest in Competition Analysis

Broadcasting in the European Union:The Role of Public Interest in Competition Analysis
Author: Ingrid Nitsche
Publisher: T.M.C. Asser Press
Total Pages: 194
Release: 2011-04-20
Genre: Law
ISBN: 9789067044523
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Broadcasting in the European Union: The Role of Public Interest in Competition Analysis explores whether and to what extent EC Competition law promotes media pluralism and how broadcasting's public service and commercial interests can be reconciled in Europe, where public and economic competition have traditionally been defined as distinct concepts. It employs a multi-disciplinary approach to identify how the term 'public interest' is used by different actors. Publicists, it is believed, compete on words, not on products or prices. Against the background of increased commercialisation, this book takes a different point of view. It identifies how EC law and the case law of the European Courts balance public interest considerations with economic competition on media markets. It also contrasts various policy options and examines issues from EC merger control to the marketing of sports rights. This book offers the first comprehensive application of competition analysis to European broadcasting.

Broadcasting in the European Union:The Role of Public Interest in Competition Analysis

Broadcasting in the European Union:The Role of Public Interest in Competition Analysis
Author: Ingrid Nitsche
Publisher: T.M.C. Asser Press
Total Pages: 0
Release: 2001-05-15
Genre: Law
ISBN: 9789067044516
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Broadcasting in the European Union: The Role of Public Interest in Competition Analysis explores whether and to what extent EC Competition law promotes media pluralism and how broadcasting's public service and commercial interests can be reconciled in Europe, where public and economic competition have traditionally been defined as distinct concepts. It employs a multi-disciplinary approach to identify how the term 'public interest' is used by different actors. Publicists, it is believed, compete on words, not on products or prices. Against the background of increased commercialisation, this book takes a different point of view. It identifies how EC law and the case law of the European Courts balance public interest considerations with economic competition on media markets. It also contrasts various policy options and examines issues from EC merger control to the marketing of sports rights. This book offers the first comprehensive application of competition analysis to European broadcasting.

Media Pluralism in the Digital Era

Media Pluralism in the Digital Era
Author: Elda Brogi
Publisher: Routledge
Total Pages: 0
Release: 2024-09-30
Genre: Language Arts & Disciplines
ISBN: 9781032567617
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Bringing together scholars, journalists, and researchers from 27 European countries, this book provides a comparative and longitudinal analysis of the evolvement of conditions and standards relevant for sustainable, free, and plural media and journalism in Europe in the last 10 years. Approaching the challenging and ever-changing concept of media pluralism from various complementary and sometimes conflicting angles, combining legal, economic, social, and political perspectives, chapters provide a holistic account of the concept of media pluralism, a key condition for a well-functioning democracy. This book draws on data from the Media Pluralism Monitor project, a scientific tool designed and implemented on a regular basis to document the health of media ecosystems, to provide insights into central dimensions of media systems across the EU and candidate countries. These include: the fundamental protection of freedom of expression and safety of journalists, and the independence of media authorities; market plurality, transparency of ownership, media concentration, media viability, competition enforcement, and digital platforms' dominance; disinformation, media literacy, and digital challenges; political independence, conflicts of interest, editorial autonomy, and the independence of public service media; social inclusiveness, including access to media and representation of women, and community media. Offering a comprehensive overview of key areas of EU media policy, causes and solutions for the media economic struggle, and innovative examples of business models for journalism in the digital age, this book is recommended reading for advanced students and researchers of media policy and regulation, as well as policymakers.

Social Media and Democracy

Social Media and Democracy
Author: Nathaniel Persily
Publisher: Cambridge University Press
Total Pages: 365
Release: 2020-09-03
Genre: Business & Economics
ISBN: 1108835554
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A state-of-the-art account of what we know and do not know about the effects of digital technology on democracy.