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June 2026 – Austria has enacted a European Media Freedom Act Implementation Act (EMFG-Begleitgesetz (BGBl I No. 20/2026)), introducing significant changes to the Austrian media regulatory and merger control framework. The changes are likely to increase filing obligations and regulatory risk for acquisitions involving media businesses, online platforms, and media-related infrastructure in Austria. As the European Commission recently stated in its new draft merger guidelines, media merger control may apply in parallel with EU merger control at the Commission level.
Significant changes to the Austrian framework include:
- a substantial expansion of the scope of transactions qualifying as media mergers by introducing a new category of “one-sided” media mergers, i.e., mergers involving only one media-relevant party;
- the inclusion of online platforms that provide access to media, including in one-sided media mergers;
- the addition of editorial independence as an independent ground of review for media mergers, in addition to media pluralism; and
- a stronger role for the Austrian media regulator (KommAustria) in merger review proceedings.
Background
Austria is one of the models that inspired the media merger regime established by the European Media Freedom Act (“EMFA”), which has applied across the European Union since August 2025. In a reversal of roles, recent Austrian law reforms now align the merger control rules under the Cartel Act with the more stringent media merger framework introduced by the EMFA.
The EMFA establishes an EU framework aimed at protecting media freedom, editorial independence, and media pluralism. Art 22 EMFA introduces the framework for national media merger regimes that allow for the screening of certain media concentrations with regard not only to competition concerns but also to their impact on media pluralism and editorial independence.
Expansion of the definition of media mergers
One-sided media mergers
Historically, a transaction only qualified as a media merger where at least two parties belonged to the media sector or related media industries.
The reform introduces the concept of a “one-sided media merger”. A transaction may now qualify as a media merger even where only one of the parties is a media-relevant company, i.e., either i) a media service provider, or ii) an online platform providing access to media content.
This change significantly broadens the reach of Austrian media merger control and may capture acquisitions of media businesses by investors, technology companies, or industrial groups that themselves have no media activities.
Online platforms brought within the regime
The legislation also expands its scope to apply to online platforms that provide access to media content, by reference to the EMFA definition of online platforms.
As a result, transactions involving digital intermediaries, content aggregation services, and other platform operators may increasingly fall within the scope of Austrian media merger review. This includes cases in which they act as acquirers of a non-media business.
Enhanced substantive review
Media pluralism and editorial independence
Austrian merger control has long contained special provisions for media mergers. The new rules strengthen those provisions by aligning with the new EMFA framework. Under the amended Cartel Act, media mergers are reviewed and may ultimately be subject to remedies or even blocked based on their impact on:
- media pluralism; or
- editorial independence.
The legal definition of media plurality has been expanded, and a demonstrative list of relevant criteria has been added, in line with the EMFA. In making this assessment, authorities must consider the criteria set out in Article 22(2) EMFA. Relevant factors include:
- the effects on the formation of public opinion and on the diversity of media services and the media offering on the market, taking into account the online environment and the parties’ interests in, links to, or activities in other media or non-media businesses;
- existing or future safeguards or commitments for editorial independence and media plurality;
- economic risks to media service providers in the absence of the transaction; and
- the Commission’s rule of law report concerning media pluralism and editorial independence.
This represents a potentially significant expansion of substantive review beyond traditional market power analysis. Parties should therefore expect increased scrutiny of ownership structures, editorial safeguards, governance arrangements, and the broader effects of transactions on the Austrian media landscape.
Stronger role for KommAustria and the European Board for Media Services
The reforms also strengthen the role of Austria’s media sector regulator, KommAustria, which may lead to a longer review timeline. In particular, KommAustria may issue a reasoned statement to the Federal Competition Authority, thereby extending the Phase I review period from four to six weeks. In Austria, merger control notifications involving media transactions will be forwarded to KommAustria by the Federal Competition Authority. The regulator’s assessment is expected to play a more prominent role in evaluating issues of media pluralism and editorial independence.
Further, for mergers that may affect the EU more broadly, the European Board for Media Services may issue an opinion that the Austrian regulators are required to take into account.
Takeaway
The regulatory framework for media mergers has been increased both in terms of scope— by the introduction of one-side mergers and the inclusion of online platforms providing access to media—and in terms of depth of review, by introducing the criteria of editorial independence. Further, the timeline for obtaining clearance for media mergers may increase.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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