Media Diversity Law

Australia and Germany Compared

by Georgios Gounalakis (Volume editor) Greg Taylor (Volume editor)
©2016 Conference proceedings 272 Pages


This collection of essays compares media diversity law (including cartel law) in Australia and Germany. Both countries are liberal Western capitalist societies strongly committed to the rule of law, individual freedoms and democratic values and principles. They also face similar economic, social and technological challenges. Yet there also are important differences between Australia and Germany that make a comparison of how both countries regulate media diversity profitable. Australia has no constitutional guarantee of media freedom, but all relevant rules are federal. In both respects Germany is different. This book reveals that notwithstanding important differences, both countries have evolved broadly similar legislative regimes – but each can also learn from the experience of the other.

Table Of Contents

  • Cover
  • Title
  • Copyright
  • About the author(s)/editor(s)
  • About the book
  • This eBook can be cited
  • Foreword
  • Contents
  • Georgios Gounalakis, Philipps University Marburg & Simon Röß, Philipps University Marburg - Cross media ownership: A comparison of the legal framework of Australia and Germany
  • Sharon Rodrick, Monash University - Regulating media diversity in Australia: Where to next?
  • Eric Windholz, Monash University - Regulating for Broadcasting Diversity: Balancing Economic and Social Values in the Public Interest
  • Romy Nicole Fleischer, Noerr LLP Dresden - Antitrust Regulation, Innovation and Dynamic Competition in the Internet sector with particular focus on unilateral market behaviour of online platforms
  • Michael Kling, Philipps University Marburg - Media diversity and competition law: Merger control in the print media sector
  • John Duns, Monash University - Media diversity and the role of competition law
  • Greg Taylor, Philipps University Marburg & R.M.I.T. University Melbourne - Diversity within government broadcasters
  • Justin Malbon, Monash University - Geo-Pricing of Digital Media: European and Australian Policy Debates Compared

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Georgios Gounalakis & Simon Röß1

Cross media ownership:

A comparison of the legal framework of Australia and Germany

A. Types of concentration

I. Horizontal concentration

II. Vertical concentration

III. Cross-media concentration

IV. The impact of media convergence

B. Provisions against media concentration

I. Australia

1. Broadcasting Services Act

a) Substantive law

aa) The concept of control

bb) Horizontal concentration

cc) Cross-media concentration

(1) Unacceptable media diversity situation

(2) Unacceptable three-way control

(3) Disclosure of cross-media links

dd) Vertical concentration

b) Enforcement

2. Competition and Consumer Act

a) Substantive law

b) Enforcement

3. Restrictions on foreign investments

II. Germany

1. Inter-State Broadcasting Agreement

a) Abstract outline

b) The failed merger of Springer and ProSiebenSat. ← 13 | 14 →

2. Competition Law

a) European competition law

b) German competition law

aa) Abstract outline

bb) The failed merger of Springer and ProSiebenSat.

III. Comparison of the competition and the broadcasting provisions

IV. Comparison of the German and the Australian legal system

V. Recommendable Improvements

1. Germany

a) Improvements of the German diversity provisions

b) Necessity and feasibility of a European media concentration control

2. Australia

C. Conclusion

Abstract: Australian and German media concentration laws display an astonishing degree of structural conformity despite being based on quite different historical backgrounds. The following essay compares their approaches regarding the prevention of predominant media power and elaborates necessary improvements in order to prepare media concentration laws for present and future challenges.

The essay compares the legal framework of Australia and Germany with a particular focus on cross media ownership because this type of economic concentration can lead to an especially worrying influence on public opinion. Therefore, it is necessary to limit the extent of cross media ownership by both competition law and specific media regulation.

A. Types of concentration


ISBN (Hardcover)
Publication date
2016 (April)
Recht auf freie Meinungsäußerung Medienvielfalt Kartellrecht
Frankfurt am Main, Berlin, Bern, Bruxelles, New York, Oxford, Wien, 2016. 272 pp.

Biographical notes

Georgios Gounalakis (Volume editor) Greg Taylor (Volume editor)

Georgios Gounalakis is Professor at the University of Marburg. He holds a chair and is head of an institute conducting research in the fields of media law, international private law, comparative law and private law at the Marburg Law School of the University of Marburg. He is also a member in the commission evaluating the permissibility of mergers in the media sector («Kommission zur Ermittlung der Konzentration im Medienbereich – KEK»). Greg Taylor is a Professor (Hon.) at the University of Marburg and an Associate Professor at RMIT University Melbourne.


Title: Media Diversity Law
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276 pages