Austria: Schoenherr advises Red Bull on joint venture with Teletest consortium

The aim of the joint venture (TV Insight GmbH) is to improve the device-based collection of TV audience figures by AGTT with internet-based TV consumption measurement accurate to the second. This will enable real-time measurement of TV viewing behaviour and targeted playout of commercials.

Schoenherr advised Red Bull GmbH and AGTT on all legal issues related to the formation and establishment of the joint venture, from the drafting of the joint venture company's formation documentation and the preparation of the related shareholders' agreement (Joint Venture Agreement), to the entire accompanying contractual documentation, the negotiation and drafting of the commercial agreements, as well as advising on antitrust issues related to the transaction.

"We are very pleased to have fully advised Red Bull and AGTT on this exciting transaction, which will significantly shape the future of TV real-time measurement," said Peter Madl, who led the Schoenherr team together with Michael Marschall.

The association Arbeitsgemeinschaft TELETEST, founded in 2005, includes ORF / ORF-E, ATV, ServusTV, IP-Österreich (marketer of the RTL Group in Austria), ProSiebenSat.1 PULS4 (marketer of the ProSiebenSat.1 Group) and Goldbach Media Austria (marketer of Comedy Central Austria, DMAX Austria, Nickelodeon Austria, SPORT1, TLC Austria and CANAL+ FIRST). Until the end of 2006, ORF was a client of TELETEST. Since 1 November 2007 this role has been taken over by AGTT, which has been commissioning TELETEST since then.

The Schoenherr team was led by Peter Madl (partner) and Michael Marschall (attorney) and also consisted of Gabriel Ebner (associate). Hanno Wollmann (partner), Valerie Ditz-Stimakovits (attorney at law) and Lisa Todeschini (attorney at law) provided support in matters of competition law, including the notification to the Federal Competition Authority, and Günther Leissler (partner) advised in connection with the data protection aspects of the transaction.