Ten’s fate hinges on reform of media law

Original article by Darren Davidson
The Australian – Page: 21 : 25-Aug-17

The Australian Competition & Consumer Commission has ruled that the acquisition of Ten Network by Lachlan Murdoch and Bruce Gordon would not result in a substantial lessening of competition. The ACCC took into account factors such as the growing use of streaming video-on-demand services and competition from rival free-to-air networks. However, Murdoch and Gordon cannot acquire Ten without cross-media ownership law reforms, although one option may be for them to each have a low voting stake in Ten but a high economic interest in the network.

CORPORATES
TEN NETWORK HOLDINGS LIMITED – ASX TEN, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, NEWS CORPORATION – ASX NWS, WIN CORPORATION PTY LTD, FOXTEL MANAGEMENT PTY LTD, NEWS CORP AUSTRALIA PTY LTD, TELSTRA CORPORATION LIMITED – ASX TLS, NETFLIX INCORPORATED, OAKTREE CAPITAL MANAGEMENT LLC, PPB ADVISORY, COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, NICK XENOPHON TEAM, FACEBOOK INCORPORATED, AMAZON.COM INCORPORATED

Gordon, Murdoch in Ten seat after Oaktree exit

Original article by Bridget Carter
The Australian Financial Review – Page: 19 : 24-Aug-17

A decision by the Australian Competition & Consumer Commission on whether it would approve the acquisition of Ten Network by Lachlan Murdoch and Bruce Gordon is said to be imminent. They have emerged as the leading contenders to buy Ten following reports that hedge fund Oaktree Capital has withdrawn its offer, which was made jointly with Anchorage Capital Group. Murdoch and Gordon are believed to have offered around $A250m for Ten.

CORPORATES
TEN NETWORK HOLDINGS LIMITED – ASX TEN, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, OAKTREE CAPITAL MANAGEMENT LLC, ANCHORAGE CAPITAL GROUP LLC, PPB ADVISORY, MOELIS AND COMPANY, KORDA MENTHA AND COLLEAGUES PTY LTD, COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, CREDIT SUISSE (AUSTRALIA) LIMITED, NEWS CORPORATION – ASX NWS, WIN CORPORATION PTY LTD

Seven remains upbeat on China despite exit

Original article by Tess Ingram
The Australian Financial Review – Page: 13 & 26 : 23-Aug-17

Listed conglomerate Seven Group Holdings has posted a 2016-17 net profit of $A44.5m, which is 77.4 per cent lower than previously. The result was marred by impairment charges associated with Seven West Media. Seven Group’s EBIT of $A333.3m was 10 per cent higher than previously, and the group forecasts EBIT growth of 5-10 per cent in 2017-18. Meanwhile, Seven has struck a $A540m deal to sell the Chinese division of its WesTrac heavy equipment business to Lei Shing Hong Machinery.

CORPORATES
SEVEN GROUP HOLDINGS LIMITED – ASX SVW, WESTRAC HOLDINGS PTY LTD, WESTRAC CHINA COMPANY LIMITED, LEI SHING HONG MACHINERY, CATERPILLAR, COATES HIRE LIMITED, SEVEN WEST MEDIA LIMITED – ASX SWM, BEACH ENERGY LIMITED – ASX BPT, LATTICE ENERGY LIMITED, ORIGIN ENERGY LIMITED – ASX ORG, GOLDMAN SACHS AUSTRALIA PTY LTD

Google ‘misled’ Senate on revenue

Original article by Darren Davidson
The Australian – Page: 1 & 2 : 23-Aug-17

Executives from Google and Facebook appeared before a Senate committee on 22 August. Google’s MD for Australia and New Zealand, Jason Pellegrino, told the inquiry into the future of public-interest journalism that the digital giant boasted gross advertising revenue of $1.1bn in Australia in 2016. Senator Nick Xenophon questioned this figure, citing advertising industry estimates which suggest that Google’s annual revenue was around $A3bn. Meanwhile, Facebook said its gross revenue in Australia was $A326m in 2016.

CORPORATES
GOOGLE INCORPORATED, FACEBOOK INCORPORATED, NICK XENOPHON TEAM, MELBOURNE BUSINESS SCHOOL, MORGAN STANLEY AUSTRALIA LIMITED

News Corp and Fairfax need to take notice of Robert Gottliebsen

Original article by Michele Levine, Gary Morgan, Julian McCrann, Roy Morgan Research
Market Research Update – Page: Online : 22-Aug-17

Last week the Roy Morgan State of the Nation Media Report showed clearly that although traditional media face considerable challenges, their core product is not broken. In an age of "Fake News" a clear opportunity is available for established media players to exploit the huge "trust" advantages they hold over social media. Many newspaper and magazine publishers have large audiences still engaged with their publications. Advertisers will use "print" as it is a "trusted" media – the print media needs to aggressively "challenge" advertisers using solely digital platforms such as Google and Facebook with now almost 50% of the advertising dollar.

CORPORATES
ROY MORGAN RESEARCH LIMITED, GOOGLE INCORPORATED, FACEBOOK INCORPORATED

Village to sue hundreds of Aussies for piracy

Original article by John Davidson
The Australian Financial Review – Page: 29 : 21-Aug-17

Village Roadshow intends to pursue legal action against Australians who download illegal copies of films and TV shows. Co-CEO Graham Burke says the film producer will only seek to recover the loss of revenue as a result of the piracy, as well as costs, rather than the huge damages payouts that had been initially been awarded for copyright violation in the US. The Federal Court recently ruled that local ISPs must block access to an additional 42 websites that provide access to pirated content.

CORPORATES
VILLAGE ROADSHOW LIMITED – ASX VRL, FEDERAL COURT OF AUSTRALIA, CREATIVE CONTENT AUSTRALIA, GOOGLE INCORPORATED, TELSTRA CORPORATION LIMITED – ASX TLS, SINGTEL OPTUS PTY LTD, IPRIMUS

News Corp picks merger deal over Ten

Original article by Max Mason
The Australian Financial Review – Page: 29 : 21-Aug-17

News Corp will increase its stake in Foxtel from 50 per cent to 65 per cent if a proposed merger between the pay-TV group and Fox Sports proceeds. This would make it harder for the joint venture between Lachlan Murdoch and Bruce Gordon to acquire the Ten Network, given that Murdoch is co-chairman of News Corp and the owner of Nova Entertainment. Murdoch and Gordon are said to have submitted a conditional bid for Ten, but they may be thwarted by the Federal Government’s failure to pass its media reform bill in the Senate. Offers to acquire Ten had to be submitted by 18 August.

CORPORATES
NEWS CORPORATION – ASX NWS, NEWS CORP AUSTRALIA PTY LTD, FOXTEL MANAGEMENT PTY LTD, FOX SPORTS AUSTRALIA PTY LTD, TEN NETWORK HOLDINGS LIMITED – ASX TEN, NOVA ENTERTAINMENT PTY LTD, TELSTRA CORPORATION LIMITED – ASX TLS, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, OAKTREE CAPITAL MANAGEMENT LLC, ANCHORAGE CAPITAL GROUP LLC, SKY NEWS, REA GROUP LIMITED – ASX REA, HT&E LIMITED – ASX HT1, MULTI CHANNEL NETWORK PTY LTD, BIRKETU PTY LTD, ILLYRIA NOMINEES TELEVISION PTY LTD, WIN CORPORATION PTY LTD

Telstra, News in Foxtel deal ahead of float

Original article by Darren Davidson
The Australian – Page: 17 & 21 : 18-Aug-17

Telstra and News Corp aim to secure regulatory approval for a proposed merger of Foxtel and Fox Sports by April 2018. They each own 50 per cent of Foxtel at present, but Telstra would reduce its stake in the combined Foxtel-Fox Sports to 35 per cent if the deal proceeds. News Corp CEO Robert Thomson says the merger would unlock value for the media group, which would have a 65 per cent stake in Foxtel-Fox Sports. The deal would enhance Foxtel’s ability to bid for sports broadcasting rights amid growing competition.

CORPORATES
NEWS CORP AUSTRALIA PTY LTD, NEWS CORPORATION – ASX NWS, TELSTRA CORPORATION LIMITED – ASX TLS, FOXTEL MANAGEMENT PTY LTD, FOX SPORTS AUSTRALIA PTY LTD, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, ESPN INCORPORATED, BEIN SPORTS, SINGTEL OPTUS PTY LTD, ENGLISH PREMIER LEAGUE, NETFLIX INCORPORATED, AMAZON.COM INCORPORATED, YOUTUBE INCORPORATED, GOOGLE INCORPORATED, TWITTER INCORPORATED, FACEBOOK INCORPORATED, AUSTRALIAN FOOTBALL LEAGUE, NATIONAL RUGBY LEAGUE, NICK XENOPHON TEAM, 21ST CENTURY FOX INCORPORATED

Senate deadlock hits Ten’s rescue hopes

Original article by David Crowe, Darren Davidson
The Australian – Page: 1 & 2 : 18-Aug-17

Cross-media ownership reforms are in doubt after the Federal Government rejected a proposal by Senator Nick Xenophon to provide tax incentives for small media companies. The tax offset would have been available for the Australian editions of foreign publications such as "The Guardian", which Communications Minister Mitch Fifield says is inappropriate. The stalled media reform bill will effectively prevent most Australian media companies from bidding for the Ten Network. The deadline to submit bids is 18 August.

CORPORATES
NICK XENOPHON TEAM, AUSTRALIA. DEPT OF COMMUNICATIONS AND THE ARTS, TEN NETWORK HOLDINGS LIMITED – ASX TEN, WIN CORPORATION PTY LTD, NEWS CORPORATION – ASX NWS, NEWS CORP AUSTRALIA PTY LTD, ANCHORAGE CAPITAL GROUP LLC, SKY NEWS, AUSTRALIAN LABOR PARTY, PPB ADVISORY, AUSTRALIA. FOREIGN INVESTMENT REVIEW BOARD, AUSTRALIAN BROADCASTING CORPORATION, SEVEN WEST MEDIA LIMITED – ASX SWM, SOUTHERN CROSS MEDIA GROUP LIMITED – ASX SXL, GOOGLE INCORPORATED, FACEBOOK INCORPORATED

Tax break idea worthy, but unworkable

Original article by David Crowe
The Australian – Page: 4 : 17-Aug-17

Senator Nick Xenophon’s proposal to provide a 40 per cent tax break for smaller media companies has merit, and it is likely to benefit the publishers of newspapers such as "The Saturday Paper" and websites like "The New Daily". However, the Federal Government would need to determine whether the local editions of overseas publications would be eligible for the tax break. There is also the question of whether taxpayers should subsidise small media outlets that would be competing with the monolithic ABC for both funding and audiences.

CORPORATES
NICK XENOPHON TEAM, AUSTRALIAN BROADCASTING CORPORATION, SCHWARTZ MEDIA PTY LTD, THE NEW DAILY, THE GUARDIAN AUSTRALIA, DAILY MAIL AUSTRALIA, THE HUFFINGTON POST, POLITIFACT AUSTRALIA