BaFin approves for the first time unpaid equity commitment as a Tier 2 ancillary own-fund item, creating a cash-efficient alternative to group-internal own-fund financing
17 May 2024
Hengeler Mueller has obtained the complete dismissal of an antitrust damage action for the RTL Media Group before the Dusseldorf Regional Court. The action was based on the decision in the "TV advertising" case, in which the German Federal Cartel Office had imposed a fine of 216 million euros on the ad space sellers of the two private broadcasting groups RTL and Pro7Sat.1. The Federal Cartel Office considered the use of retroactive volume and share discounts in the marketing of TV commercials to be in violation of antitrust law due to suction and foreclosure effects. As a result, several market participants had filed substantial claims for damages against the RTL Media Group.
The Dusseldorf Regional Court dismissed the last (and biggest) pending action after several years of taking economic evidence. The judgment is not yet final.
Hengeler Mueller team for RTL Media Group
Dispute Resolution/Corporate: Thomas B. Paul (partner, lead), Lech Kamil Kopczyński (associate, both Dusseldorf).
