Hamburg, 02.02.2024 – The ARD regional public service broadcasters and Deutsche Netzmarketing GmbH (DNMG) have entered into a long-term cooperation agreement for distributing ARD programmes and services across the networks operated by DNMG members. The agreement is the result of a constructive and intensive negotiation process, which led to the parties settling their in-court dispute relating to non-discriminatory feed-in terms.
A CMS team headed by Dr Markus Schöner successfully represented DNMG and its network operators in the court proceedings. The CMS team previously worked on the test case brought by wilhelm.tel GmbH against ZDF, when the Federal Court of Justice (BGH) applied the prohibition of discrimination under competition law to the refusal to pay feed-in fees in a 2021 ruling. Following the case, the cable network operators affiliated with DNMG were able to resolve various issues with ZDF, including the feed-in fee. CMS is currently continuing to represent DNMG and its network operators in the remaining disputes with ARTE.
CMS Germany
Dr Markus Schöner, Lead Partner
Dr Nantje Johnston, Principal Counsel
Dr Tim Reher, Partner, all Antitrust, Competition & Trade
Dr Matthias Schlingmann, Partner, Dispute Resolution
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