Media Mergers and the Meaning of Sufficient Plurality: A Tale of Two Acts
Abstract:This article examines UK legislation designed to protect plurality when media companies merge. The legislation requires a "sufficient plurality" of media companies to serve every different media audience. The meaning of this provision has proved to be as controversial as it is important. It was tested when pay television operator BSkyB acquired an interest in the public broadcaster ITV. After three years of litigation and conflicting decisions, the Court of Appeal upheld the view of the Competition Commission that Sky's acquisition was not a plurality concern. The article argues that this decision was based on too limited a view of the scope of plurality and the use of corporate influence that can endanger it. The sufficiency of plurality should be judged at the very least in relation to the effect of a media merger on maintaining the distinctness of audiences through the diversity of content that serves them. This Court did not have the opportunity to consider this argument. It is suggested that it would result in a more robust application of the plurality provisions in future media mergers.
Document Type: Research Article
Publication date: December 1, 2010
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