Diario Oficial de la Unión Europea del 4/1/2023 - Comunicaciones e Informaciones
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Source: Diario Oficial de la Unión Europea - Comunicaciones e Informaciones
C 2/28
EN
Official Journal of the European Union
4.1.2023
Table 1
Consolidated historical participation data of TF1 and M6
Year
Consolidated participation rate
Bouyguess estimated shareholding
Bouygues participation rate in relation to total consolidated votes
2021
%
46 %
More than half%
2020
%
46 %
More than half%
2019
%
46 %
More than half%
Source: Bouyguess reply to request for information RFI 2, question 3
66
Thus, the Commission takes the view that Bouygues will have sole control of the New Entity both in law and in fact.
F
Conclusion on the nature of the control over the New Entity
67
For the reasons set out above, it is the Commissions view that the New Entity will be controlled solely by Bouygues.
3.3.2.
Conclusion on the undertakings concerned by the Transaction
68
The Commission takes the view that, due to the exclusive nature of Bouyguess control over the New Entity, the undertakings concerned by the Transaction are Bouygues including TF1 as the acquiring undertaking and M6 as the target undertaking.
3.4.
Conclusion on the Union dimension of the Transaction
69
Given that both Bouygues and M6 generate more than two thirds of their turnover in France, the Commission is of the view that the Transaction does not constitute a concentration with a Union dimension.
4. CONCLUSION
70
The Commission does not have jurisdiction to assess the Transaction.
71
This decision shall be notified to Iliad and published in the Official Journal, without any confidential elements or business secrets.