Court decision on Admeira leaves questions unanswered
The Federal Administrative Court has ruled that no precautionary measures are necessary until the end of the appeal proceedings against the Advertising Alliance. It remains to be seen whether the VSM and Tamedia will be admitted as parties to the proceedings.
The Federal Administrative Court in St. Gallen has not been able to clarify this question on the basis of an initial summary examination alone. This was stated in an interim ruling published on Friday.
In their appeal, Tamedia and the Swiss Media Association (VSM) had requested the Federal Administrative Court to annul a corresponding decision by the Federal Department of the Environment, Transport, Energy and Communications (DETEC). The two parties are also demanding that SRG be prohibited from participating in the advertising alliance.
The complainants are of the opinion that they and other media would be massively impaired in their scope for development and expansion by the advertising alliance. The joint venture would create by far the largest advertising marketer, which would have complex effects.
Because the association and Tamedia fear irreparable disadvantages even in the short term - i.e. until the conclusion of the appeal proceedings - they had applied for precautionary measures.
However, the Federal Administrative Court sees no reason to do so. As it writes in the order, the complainants had not explained which disadvantages they would face in detail.
Approval not contestable
The Federal Administrative Court also notes that, prima vista, the Radio and Television Act (RTVA) does not provide for any special authorization for the exercise of non-licensed activities by the SRG. Accordingly, DETEC had merely taken note of SRG's participation in the advertising alliance. Thus, it had not issued an authorization against which an appeal could be filed.
The fact that SRG will have to report regularly to the Federal Office of Communications (OFCOM) regarding its activities within the joint venture does not make the whole matter an approval procedure. However, this is the assumption of the complainants.
No specific advertising
The Competition Commission (WEKO) approved the joint venture between Swisscom, SRG and Ringier in mid-December last year without any conditions. The joint venture company will commence operations under the name Admeira on April 4. Bakom denied SRG the target-group-specific advertising feared by the media companies as part of the joint venture on the basis of licensing law. (SDA)
