Broadcasting2.05.2024

DStv creeping takeover continues

MultiChoice

French media conglomerate Groupe Canal+ has acquired another 3,868,391 shares in DStv owner MultiChoice, bringing its total ownership of the company to 42.47%.

It acquired the additional shares from 25 to 30 April for between R118.05 and R120.00 each.

“Canal+ confirms that these acquisitions have already been disclosed to the Takeover Regulation Panel (TRP) as required under the Companies Act and [the Takeover Regulations],” it stated.

Canal+ said it reserved the right to buy more shares, except as prohibited by legislation.

The French media conglomerate’s latest disclosure comes after a series of similar announcements from MultiChoice and itself.

Three weeks ago, MultiChoice announced that Canal+ had crossed 40% ownership of South Africa’s pay-TV giant.

Canal+ has since issued weekly announcements revealing that it has continued to buy up MultiChoice stock.

“Some shareholders have asked whether Canal+ might cross the 50% shareholding in this way,” MultiChoice stated.

“We do not envisage this happening as exceeding 50% ownership would amount to a merger under the Competition Act, which would require prior approval from the Competition Tribunal.”

MultiChoice also reaffirmed that should Canal+ buy shares for more than R125 each, it would be obliged to increase its offer price to match.

Canal+’s creeping takeover of MultiChoice began in 2020.

When its shareholding exceeded 20%, it raised concerns that it could be violating South Africa’s Electronic Communications Act (ECA).

The Act states that a foreigner may not, whether directly or indirectly:

  • Exercise control over a commercial broadcasting licensee; or
  • Have a financial interest or an interest either in voting shares or paid-up capital in a commercial broadcasting licensee exceeding 20%.

MultiChoice dismissed these concerns, saying compliance with the ECA is ensured through restrictions in its memorandum of incorporation, where voting rights for foreigners collectively are limited to 20%.

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