French broadcaster Canal+ and MultiChoice made a joint merger control filing with the South African Competition Commission.
The French media giant has offered R125 in cash for every MultiChoice share it does not already own and has invested nearly €1.2bn for a 45.2% stake in the company.
The filing is part of the process for the offer, signaling the next steps in their merger.
As per the Competition Act, the transaction is categorised as a “large merger,” which requires approval from the Competition Tribunal.
The Competition Commission will now review the filing and submit its recommendations to the Tribunal.
Both Canal+ and MultiChoice are also in discussions with the Independent Communications Authority of South Africa (ICASA) and other relevant regulatory bodies. They have assured MultiChoice shareholders that further updates and details will be provided as the regulatory processes progress.
In April, Canal+ made a mandatory offer to the minority shareholders of JSE-listed broadcaster MultiChoice Group after surpassing a threshold set by the Johannesburg Stock Exchange.
The JSE requires an offer to be made to other shareholders on a basis agreed with the main bourse when a person or group acquires at least a 35% stake in a listed company.
On February 5, Canal+ Group increased its ownership in MultiChoice from 31.07% to 35.01%, despite a prior rejected takeover offer.
However, industry experts have pointed out that the Electronic Communications Act limits foreign ownership of local licensed broadcasters to 20% and flagged this as a potential risk to the deal. MultiChoice’s memorandum of incorporation states that the voting rights of foreign owners are limited to 20%, even if their shareholding exceeds this.