How should mergers be judged when the public’s right to diverse, independent journalism is on the line? Join us to discuss the state of play of the new 'Media Plurality Test'
With the entry into application of the European Media Freedom Act on 8th August 2025, the new legal framework which introduces requirements for well-functioning media market measures and procedures (section 5 of the EMFA) is also applicable. A core provision in this section is set by Art. 22, and regards the assessment of media market concentrations (the so-called ‘Media Plurality Test’).
With the aim of introducing a common framework to include the impact on media pluralism and on editorial independence in the assessment of media market concentrations, Art. 22 states principles and indicates criteria, calling the Member States to comply with them. This soft-harmonization requires some additional steps in order to be effective: 1) initiatives by the Member States, to introduce new laws and procedures, or amend the existing ones, to harmonize their national anti-concentration rules in the media sector with Art. 22 EMFA; 2) guidelines on the elements and criteria of the Media Plurality Test, to be issued by the Commission, assisted by the Board (Art. 22(3)).
In its 2025 Work Programme, the European Media Board (established by Art. 8 of the EMFA) includes implementation of Art. 22 among the workstream of Work Group 2, and defines the related activities as a a key priority from the moment the Media Board is established, in order for the Board to be ready for the entry into application of the relevant dispositions . In the same document, the Media Board announces that it will issue internal guidance on Art. 22, and, in addition, that it will provide inputs to the EC in case it decides to issue guidelines as per Art. 16 (2b) and Art. 22 (3) of the EMFA .
The last Media Pluralism Monitor (MPM) shows that nine member states, at the time of assessment (2024), had some form of media plurality test, seven were drafting reforms and eleven had not drafted any reform (see chapter 3.2.1 - Focus on Concentration of Media Ownership - Are EU Countries Ready for the Media Plurality Test?). Therefore, the enforcement of art. 22 and the assessment of MS’s compliance is of the utmost importance, and some questions arise: Are the Member States complying with Art. 22? Are the EC guidelines to assess media market concentrations a preliminary requisite to understand and fully apply the criteria listed in Art. 22 (1) and Art. 22(2)?
During this period, some cases emerged. In the Netherlands, the competition authority approved the merger between DPG Media and RTL Nederland in July 2025, including in its evaluation the impact of the merger on media pluralism - and in a way anticipating the entry into application of art. 22. In Germany, on 27th August, the Italian Media for Europe concluded the takeover of the broadcaster ProSiebenSat1, raising some concerns about media pluralism.
- Are these cases the first tests for the Media Plurality Test?
- Are the economic considerations (i.e. survival in a tough media market) the main rationale for these mergers? And in this case, how can Art. 22 be applied?
By bringing together legal and economic experts, this event will continue the discussion initiated in a previous EMFA Talk, analysing and critically commenting on the more recent developments in the assessment of media market concentrations, in the delicate transition phase from a fragmented national legal framework to the full implementation of Art. 22 of the EMFA.