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Merger-Minded Vivendi Agrees to Restrictions

From Bloomberg News

Vivendi pledged to accept restrictions on its business to win European Commission approval for its $33.4-billion purchase of Seagram Co., the owner of Universal Music Group, the commission said.

“The parties have offered concessions,” said Amelia Torres, spokeswoman for Competition Commissioner Mario Monti. The offer automatically pushes back the deadline for the commission to rule on the merger from Monday to Oct. 13.

The commission, the executive arm of the 15-nation European Union, wouldn’t give any details. By offering concessions during the initial one-month review, the companies hope to sidestep any antitrust concerns and avoid an extended four-month investigation.

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When they announced their merger plan in June, Vivendi and Seagram billed the transaction as a European competitor to America Online Inc., which is hoping to gain approval for its $142-billion purchase of Time Warner Inc.

The commission has said it will block AOL’s purchase of Time Warner unless the companies make substantial changes to the agreement, to relieve competition concerns about the world’s biggest Internet service provider combining with the biggest media company.

Vivendi and Seagram could face similar problems in winning regulatory approval. Some European antitrust lawyers, however, say that transaction has less geographical reach and content than a combination of AOL and Time Warner, especially if Time Warner’s music unit is allowed to merge with that of EMI Group. The commission is also reviewing that music joint venture, which has faced strong criticism from the commission and rivals.

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The commission is expected to rule on both Time Warner transactions in early October. Its decision is likely to be closely watched for clues on how it may rule on Vivendi’s planned acquisition.

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