The European Union’s General Court has dismissed an appeal by French media conglomerate Lagardère SA, fully upholding a European Commission investigation into its acquisition by international media giant Vivendi SE. Lagardère had sought the annulment of a formal information request issued under Article 11(3) of the EU Merger Regulation, arguing that the antitrust watchdog’s demand violated fundamental privacy laws, press freedoms, and legal certainty.
Broad Investigative Powers Validated
The high-stakes dispute traces back to Vivendi’s 2022 notification to take exclusive control of Lagardère. Although the European Commission conditionally cleared the merger in June 2023 subject to major asset divestitures, it subsequently launched a formal probe into potential “gun-jumping”—the illegal integration or execution of a merger before receiving final regulatory clearance.
To determine whether Vivendi had exerted premature “decisive influence” over Lagardère’s strategic and editorial choices, the Commission demanded an extensive digital audit. The sweeping mandate required Lagardère to hand over computer files, text messages, and instant communications across internal corporate systems and private channels—including WhatsApp, Telegram, Signal, and personal email accounts—belonging to 15 specified high-level executives.
Lagardère challenged the decision, claiming the demand suffered from a lack of reasoning, constituted an abuse of power, and imposed impossible obligations. The company specifically argued that accessing personal devices infringed upon the right to private life guaranteed under Article 7 of the Charter of Fundamental Rights and threatened the protection of journalistic sources under Article 11.
Fundamental Rights Balanced With Enforcement
The General Court firmly rejected Lagardère’s plea regarding a lack of reasoning, concluding that the European Commission clearly and precisely outlined its suspicions. Regulators needed to verify whether Vivendi executives or its primary shareholder, the Bolloré Group, had covertly dictated management restructurings, operational synergies, and editorial alignments at major Lagardère assets like Europe 1 radio and Hachette publishing prior to formal approval.
Furthermore, the Court determined that the comprehensive evidence-gathering measures remained proportionate and legally justified. The judges noted that the Commission had instituted sufficient procedural safeguards during the litigation—such as the creation of a secure virtual data room to handle sensitive personal data and a system allowing credentialed journalists to redact confidential source identifiers. By dismissing the appeal, the European Union’s judicature solidified the antitrust watchdog’s broad authority to audit private digital correspondence when hunting for hidden corporate gun-jumping.
