Presidencia de la Nación

The Court of Appeals dismissed Disney's complaint against remedies imposed in merger case

Disney sought the Court to set aside some of the behavioural remedies imposed in the decision that granted conditional clearance of its merger with Fox.

On 23rd August 2022, the Court of Appeals for Civil and Commercial Matters rejected the appeal filed by Disney against certain obligations imposed by the then Secretariat of Domestic Trade, based on a recommendation by the CNDC.

Disney sought to have the Court annul the behavioural conditions relating to the obligation to ensure, for five years, that the cost of the premium sports signals it markets does not exceed the cable operators' revenues from the sale of such content. Also, the obligation not to broadcast, also for five years, the sports events assigned to MediaPro in compliance with a divestment ordered in the same merger case; and, finally, the obligation to appoint a third party as Monitoring Agent in charge of auditing and supervising the degree of compliance with the conditions imposed. The Court reaffirmed all three of them.

The CNDC will continue to monitor compliance with all behavioural obligations established upon Disney when marketing its cable TV channels in Argentina. It is worth noting that conditional clearance decision also imposed requirements on Disney regarding marketing and packaging conditions that would minimise the portfolio effects arising from the transaction even after the divestment.

The structural and behavioural remedies imposed by the CNDC and reaffirmed by the Court benefit more than 8 million households subscribing to pay-TV services in Argentina.

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