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by Tiziana Di Giovannandrea

18 April 2017 Vivendi has a year to go down to the capital of Mediaset or Telecom and remove the prohibited position in which it is located.

The Communications Authority thus decided, following the complaint presented in December 2016 by Mediaset on the attempted takeover of Vivendi against itself and on the de facto control of Telecom that the French company has, thereby violating the law on control ceilings in the media and telecommunications.



The French company holds a 23.9 per cent stake in Telecom and 29.9 per cent in Mediaset.

The Communications Authority, in the light of the elements acquired during the investigation, has ascertained that the position of the company Vivendi "does not comply with the requirements of paragraph 11 of article 43 of the legislative decree of 31 July 2005, 177, due to the equity investments it holds in Telecom Italia and Mediaset ", reads a press release.



Therefore, the Authority ordered Vivendi "to remove the prohibited position within 12 months from the date of notification of the provision adopted today and already notified. In order to allow the Authority to carry out an adequate monitoring activity, Vivendi is required to submit a specific action plan within 60 days that the company intends to adopt to comply with the order ".



Agcom then recalled that in the event of non-compliance with the order, the administrative sanction envisaged by law is applicable, ie Vivendi can be subjected to a penalty of between 2 and 5 percent of its turnover.



The response of the French company was not long in coming and communicated in a note that Vivendi "welcomes with surprise the decision adopted by Agcom" and "reserves the right to take any appropriate initiative in all the competent offices against the decision taken by Agcom to protect their interests, including the presentation of an appeal to the TAR and a complaint to the European Commission to report the violation of fundamental principles of EU law ".