If I‘m not mistaken, the last time that the CMA revised its provisional findings was in February 2020, with Bauer Media Group. Bauer was also the last time were behavioural remedies were accepted :P
This bit from the addendum published today is also very interesting:
In addition, any interested person is invited to provide the Inquiry Group with their views in writing as to the impact of these addendum provisional findings on the appropriateness of the remedies proposed in the Notice of Possible Remedies published on the case page on 8 February 2023.
The CMA wants feedback about the possible impact of this change on the remedies originally proposed. :P
Yes, not doubt that today is a major turning point for this case.
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CMA's Accepted Behavioural Remedies with Bauer Media Group.
A group of independent panel members (the Group) at the Competition and Markets Authority (CMA) investigated the Merger and published its Final Report on 12 March 2020. In its Final Report, the Group concluded that: the Acquisitions, as a result of each of: (1) Bauer's acquisition of the ability to exercise material influence over FRS; and (2) its acquisition of a large proportion of FRS' customers (by share of business), have resulted, or may be expected to result, in an SLC in the market for the supply of representation for national advertising to independent radio stations in the UK.
However, in the specifics of this case, the CMA felt that requiring a divestment would have involved certain risks and therefore preferred to go down a route of requiring Bauer to provide sales representation services to independent radio stations on the same terms as they received previously, for 10 years.
The Group concluded that a behavioural remedy requiring Bauer to provide representation services to independent radio stations on at least the same or better terms than customers currently have with FRS was the least onerous effective remedy, and one which is proportionate to the SLC and the adverse effects likely to arise from it
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