The Competition Court decided to authorize the acquisition and rental by Radiodifusión SpA (related to Canal 13) of some of Comunicaciones Horizonte’s radio broadcasting concessions, by which the radio stations “Oasis” and “Horizonte” currently broadcast from. After analyzing the proposed operation, even though the Court deemed that its effects on the radio broadcasting market would not be relevant, it detected certain competition risks, given the purchaser’s significant participation in the market of broadcast television. Regarding those portfolio risks, some of the mitigation measures recommended by the National Prosecutor’s Office were considered adequate by the Court, and were accepted by the parties:
- Prohibition of tying publicity sales in radio and television, and prohibition of free quoting in their radio stations;
- Regulation of bundling of publicity space in different platforms or media, so that publicity spaces can be acquired separately;
- Prohibition of arbitrary discrimination against free competition –including crossed subsidies–;
- Separation of radio and television businesses in independent companies;
- Limitation of non-compete clause to two years.
This resolution was issued with the prevention of Judge Mrs. Domper, who was for authorizing the proposed operation without need to establish conditions a) and b).