In this post, authors Mattijs Baneke and Sam Wolters (The Thicket Blog) discuss the unexpected development in the Dutch Authority for Consumers and Markets’ (ACM) approach to the proposed acquisition of RTL Media by DPG. Initially expected to be prohibited, the deal now appears poised for conditional approval, according to reporting from Financieel Dagblad. This reversal surprised many, particularly due to the nature of the commitments being discussed, which reportedly include measures aimed at preserving media plurality by maintaining separation between certain news outlets. While the ACM has not yet made a final decision, the reported conditions reflect an unusual but significant attempt to integrate media plurality into competition enforcement in a country that lacks a specific legal framework for media mergers.
The Netherlands does not operate a dedicated media plurality regime, so the ACM assessed this transaction using conventional merger control rules under the Dutch Competition Act. This posed challenges, as media plurality is not an easily quantifiable concept within the economics-based test that competition law applies. However, the ACM’s Phase 1 decision in the DPG/RTL case demonstrates an effort to embed media plurality within the competition analysis by treating it as a component of news quality. By doing so, the ACM connects the concept of media plurality—typically a public interest consideration—to one of the parameters that competition law does seek to protect: quality. This reflects a broader shift in thinking, both within the Netherlands and internationally, about incorporating wider societal values into merger assessments.
The ACM’s primary concern in this case centers on the potential effects of the merger on the cross-media market for general news, which it defines as national and international news consumed across multiple platforms. The regulator argued that news consumers engage with a variety of media throughout the day, creating a distinct cross-media general news market. Within this framework, the ACM identified media plurality as a quality parameter potentially harmed by the merger. It expressed concern that DPG and RTL’s planned post-merger collaboration in content creation could result in a diminished range of perspectives and coverage. This, in turn, would lower the overall quality and diversity of general news, reinforcing the ACM’s theory of harm and justification for requiring remedies.