In view of the settlements reached between ARD, ZDF, Unitymedia und Vodafone, the commercial law firm Schalast has on behalf of the FRK requested the two public broadcasters ARD and ZDF to treat the FRK and its members in the same way as the two dominant cable network operators Unitymedia and Vodafone. The settlements provide for ARD and ZDF to pay these two companies so-called feed-in fees for the feed-in of their programmes. A practice against which the two public broadcasters have resisted for a long time and are now (partly) implementing.
Since the FRK's request for equal treatment was rejected by both ARD and ZDF, Schalast called in the Bundeskartellamt (German Federal Cartel Office) on 21 August 2018 to review the unequal treatment.
In addition, Schalast also submitted requests to the European Commission and the German Federal Cartel Office for hearings and for FRK to be summoned to participate in the Unitymedia/Vodafone merger proceedings as an interested third party. The FRK is concerned that this merger which have a considerable impact on the cable market and FRK’s members as the market will ultimately become a extremely monopolistic market after the concentration. The FRK fears that the increased market power resulting from this will be accompanied by even greater unequal treatment of small and medium-sized cable network operators.
For FRK
Professor Christoph Schalast, Ramón Glaßl, LL.M. (both Schalast & Partner Rechtsanwälte mbB, Frankfurt am Main).
For ARD
Professor Jens-Ole Schröder (Mitteldeutscher Rundfunk, Leipzig, known in the market).
For ZDF
Professor Johannes Kreile (Noerr LLP, Munich, known in the market).
About Schalast
Schalast is one of the leading commercial law firms in the German financial centre Frankfurt am Main. The law firm also has offices in Berlin and Hamburg. Schalast predominantly advises small and medium-sized enterprises from Germany and around the world. Schalast’s currently approximately 55 lawyers are organised in the practice groups Banking & Finance, Corporate, Dispute Resolution, IP, Media & Technology, Labour Law, Real Estate, Telecommunications & Energy, as well Inheritance and Family law. The notary’s office is an additional focus. The law firm is a member of the international network Multilaw and can as a result advice and assist clients worldwide. Schalast distinguishes itself with first-class legal advice and an appropriate hands-on mentality. Schalast’s priority is finding and implementing the best individual, pragmatic, tailor-made and sustainable solutions for its clients. Numerous awards confirm the law firm’s high level of expertise.
www.schalast.com
Please direct press inquiries in this matter to:
Christoph Schalast
Mendelssohnstraße 75-77
60325 Frankfurt am Main
Telephone: 0 69 / 97 58 31-0
Fax: 0 69 / 97 58 31-20
E-mail:
[email protected]