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Broadcasting Assessment Market Definitions
“..we think that it is putting it too high to say that there is no substitute for Premier League football so far as Pay-TV is concerned, for this underrates such football competitions as the FA Cup and the UEFA Champions League.”
“…we do not see grounds for a wider definition involving the whole of football, as it does not seem credible to us that matches involving clubs drawn exclusively from divisions other than the Premier League would be acceptable substitutes…”
‘the Director finds that … the relevant markets are no wider than the wholesale and retail supply of channels containing sports content that is unique to pay TV. The content that he has identified as falling within this category during this investigation is live FAPL football’
* Ofcom Consultation (most recent) concurred with the MMC’s and OFT’s narrow market conclusions
Ofcom found that there were only 48 matches featuring a PL team on FTA TV, compared with 174 on premium sports channels. As such, they felt that this was one of the reasons why matches on FTA TV were not sufficiently substitutable and were likely to lie outside its relevant market definition. Ofcom did, nonetheless, believe that the Champions League in particular, could fall within its market definition.

Collectivity, Exclusivity and the RPC case
* Collectivity is where a group of clubs act together to form a league, play in competitions and negotiate commercial deals as one entity.
* PL acting as a cartel/monopoly. Italy returning to collective selling?
* Exclusivity is the means by which a broadcaster can effectively guarantee large audiences for a popular product. By paying an exclusivity premium to the FAPL, broadcasters can ensure that consumers can only view the event through one medium.
* Length of exclusivity- must no be too long otherwise market foreclosure unless new entrant E.g. Sky in 1992

RPC Case
* OFT brought an action against the PL whom it considered acted as a cartel in collectively selling a small number of broadcasting matches whilst limiting supply for televised matches by exclusively selling broadcasting rights to one broadcaster.
* Had the OFT been successful it would have
o signalled the end of collective selling and possibly the redistribution of income in the Football League.
o end of exclusive selling in the Premier League leading to individual clubs brokering deals with broadcasters (like in Spain)
* Court was worried about the doomsday scenario, as it only had powers to rule the restrictions illegal or justify them. Strangely justified competition at 3-4 yearly intervals for one package costing £100m’s as effective competition.
* This meant very high barriers to entry for new entrants which the European Commission were concerned about.

Commission 2001-05 Negotiations and Intervention
* Commission still concerned with exclusivity.
* 2004 broadcasting deal unbundled with 4 rights packages but Sky won them all. Commission unhappy.
* Stipulation in the 2007 PL tender document that of the 6 packaged rights no broadcaster could win all six. 2007-10 Setanta got two. 2010-13 Setanta retained one.
* Effects of packaging the rights- positive or negative- new entrant (now on brink of financial trouble) yet consumers paying for two subscriptions.
* 2003-6 Champions League product packaged into smaller exclusive rights bundles with ITV and Sky have

Article 81of the EC Treaty
* ‘all agreements between undertakings…which may affect trade between member states and which have as their object or effect the prevention, restriction or distortion of competition within the common market.’

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