News | Media & Communications

Thursday 27th June 2002

SJ Berwin represented Apax Partners Limited (Apax) and Digital Television Broadcasting Limited (DTB) in an application by DTB to the Independent Television Commission for digital multiplex licences B, C, and D, which became available following the insolvency of ITV Digital.

DTB's proposition is:

•  A free to air service of 40 channels
• DTB sees a major unmet demand for non-premium services. DTB therefore aims to offer free to the viewer a wide range of channels catering to a wide variety of tastes and interests. These will include general entertainment, factual programmes, children's TV, sport, music, and films.
• Creating a demand for digital television
• DTB aims to accelerate access for all to a Digital Britain. It assesses that its proposition of free channels combined with cheap and available digital equipment will quickly result in a much wider cross-UK take-up of digital TV by viewers than has been the case before now. DTB does not propose to subsidise equipment.
• Independence from programme supply
• DTB is a new entrant to UK broadcasting, and has no financial interest in currently available channels. DTB will therefore favour those channels of greatest appeal to a wide range of viewers.
• DTB has a conditional offer of finance from Apax, a recognised leader in private equity investment with expertise in all areas of the traditional media, and £7.5bn under management or advice.

The SJ Berwin team was led by partners Steven Davis and Rob Day on corporate law and Tim Johnson on media law, assisted by Ylan Steiner on corporate law and Candida Hill on media law.

Steven Davis commented: "We are delighted to have advised Apax and DTB on their application, particularly given the rarity of this opportunity. SJ Berwin is independently recognised for the strength of its media team and for its leading private equity practice. This transaction represented a great opportunity to put both skills together to help establish a major new entrant to UK broadcasting.

• SJ Berwin is a full-service international legal practice with more than 470 lawyers across its offices in London, Brussels, Frankfurt, Berlin, Munich, Madrid and Paris.
• With a dedicated European private equity team comprising over 150 full-time corporate private equity lawyers together with support from its other departments, SJ Berwin advises clients on the full-range of private equity business, both in connection with the establishment of private equity funds and their associated incentive schemes, and on MBOs, MBIs, public-to-privates and venture capital investments.
• SJ Berwin recently won "Private Equity Law Firm of the Year: Firm and funds work" at the European Venture Capital Journal Awards and "Best Law Firm (fund documentation)" at the PrivateEquityOnline Awards, and was runner up in the category of "Best Law Firm (transactions)".
• SJ Berwin won the European Venture Capital Journal Award for Private Equity Law Firm of the Year 2000, Law Firm of the Year and Property Team of the Year at The Lawyer Awards 2000, and Competition Team of the Year at the Legal Business Awards 2000.