The college rejected the complaints filed by Vivendi and Simon Fiduciaria against the first instance measure issued by the same Court on 3 February
According to the judges, the French multinational has behaved not as a partner but as a competitor by opposing the Mediaset MFE project: “Vivendi is objectively in a situation of potential conflict with Mediaset in terms of expansion in the European media markets. It follows that” , continues the ordinance, “having assessed the position of the two companies, it is easy to recognize that Vivendi can find strategies for limiting and compressing Mediaset’s activity functional to its very wide interests”.
Again according to the judges, contrary to what Vivendi claimed, the MFE project was welcomed by the market: “The claim of the complainants that the transaction in question is unanimously criticized by independent advisors is completely without foundation”.
Finally, the Court of Milan denies Vivendi also on the absence of industrial value: “The Merger operation presents a substantial economic and commercial rationality”, the device reads, “and constitutes for the Mediaset group an important strategic objective for establishing a player leader in the European communication and media market “.
This ruling which is currently exhausting the legal dispute in Italy is a crucial step forward for the launch of MFE MEDIAFOREUROPE.