CMA: Getty Chose to Walk Away Despite Approved Merger Path

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Photo by Joshua Hoehne on Unsplash

The UK’s Competition and Markets Authority (CMA) has confirmed that Getty’s decision to terminate its high-profile merger agreement with Shutterstock was entirely a commercial choice, as the regulator had already laid out a clear path for the deal to clear antitrust hurdles.

In May, the CMA’s independent inquiry group concluded that the transaction could proceed on the condition that Shutterstock divest its global editorial business. According to Margot Daly, chair of the inquiry group, the regulatory body had been working closely with both firms to implement this remedy and was already in advanced discussions with several suitable buyers when Getty chose to deliver its termination notice.

The transaction was originally expected to generate between $150 million and $200 million in annual cost synergies within three years, primarily by streamlining the companies’ commercial stock content platforms. Interestingly, the CMA’s in-depth Phase 2 investigation cleared the stock photography side of the merger without requiring any remedies. Regulators cited the explosive growth of generative AI during the course of the probe, noting that emerging GenAI firms, alongside established competitors like Adobe and Canva, provide a sufficient competitive constraint on standard stock media.

However, the CMA held a firm line on the editorial imagery sector. The watchdog’s investigation, which drew heavily on evidence from UK media organizations, publishers, and content suppliers, found that Shutterstock represents one of the very few viable alternatives to Getty, the current UK market leader in live and archive news, sports, and entertainment content. The CMA concluded that allowing a unchecked merger would severely reduce choice for media outlets, drive up licensing costs, and ultimately harm consumers who rely on high-quality news coverage.

The collapse of the deal follows an attempt by Getty and Shutterstock to scale back their initial remedy offers. After the CMA flagged provisional concerns, the companies proposed a reduced package that involved selling only Shutterstock’s celebrity entertainment brands, Backgrid and Splash. The inquiry group rejected this compromised proposal, concluding it would fail to restore the broader competition that Shutterstock’s primary editorial wing provides. Faced with the requirement of a full editorial divestment to achieve regulatory clearance, Getty ultimately chose to walk away, prompting the CMA to officially cease all remaining work on the case.