German media regulator clears RTL’s acquisition of Sky Deutschland

German media regulator KEK has given the green light for RTL Group’s planned takeover of Sky Deutschland and its subsidiary NBC Universal Global Networks Deutschland.

In its latest session, the Commission on Media Concentration (KEK) ruled that the acquisition, which RTL Group will carry out through its subsidiary RTL Deutschland, does not raise concerns over media plurality and diversity of opinion in Germany.

Central to the assessment was the combined audience share of RTL Deutschland, Sky Deutschland and NBCU in the reference period. Together, the broadcasters reached 23.2%. As RTL Television broadcasts regional windows and independent third-party programmes, 5% must be deducted in line with the Media State Treaty, leaving a net share of 18.2%.

According to the Media State Treaty, a dominant influence on public opinion is only presumed at an audience share of 30% or higher. In addition, the Federal Administrative Court has ruled that below 20%, a broadcaster’s position on the TV market generally no longer carries sufficient weight to establish dominance, even if other media-related activities are taken into account. Based on this framework, KEK concluded that the merger does not create a position of prevailing opinion power.

The regulator also emphasised that it could not include factors beyond linear television in its assessment. While the transaction combines strong activities in free-TV, pay-TV and streaming, such cross-market effects fall outside the scope of KEK’s mandate under the Media State Treaty.

As a result, KEK sees no obstacles from a plurality standpoint to RTL taking over Sky Deutschland and its subsidiary NBCU, which operates the channels 13th Street, SYFY and Universal TV.

“We welcome the decision of the German KEK as one of the steps to get the necessary regulatory approvals for RTL Deutschland’s acquisition of Sky Deutschland (DACH),” an RTL Group spokesperson told Broadband TV News, confirming that the competition review is with the European Commission.

The transaction covers Sky’s businesses in Germany, Austria and Switzerland, as well as customer relationships in Luxembourg, Liechtenstein and South Tyrol. The purchase price amounts to €150 million in cash plus a variable consideration linked to RTL Group’s share price performance. RTL will also have the right to use the Sky brand in the DACH region under a separate trademark licence.

Until regulatory approvals are finalised, which is expected in 2026, RTL Deutschland and Sky Deutschland will continue to operate independently.

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