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Pay TV phase three document - Stakeholders - Ofcom

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<strong>Pay</strong> <strong>TV</strong> <strong>phase</strong> <strong>three</strong> <strong>document</strong> – non-confidential version<br />

100<br />

addition to (rather than instead of) Sky Sports. Furthermore, they noted that Sky<br />

Sports packages had increased in price after Setanta Sports began retailing FAPL<br />

matches in August 2007, whereas Setanta Sports had reduced in price 177 . They<br />

thought this suggested that although Setanta Sports’ pricing might be constrained by<br />

Sky Sports, the constraint could be asymmetric: Setanta Sports does not provide a<br />

competitive constraint on Sky Sports.<br />

Our current view<br />

4.227 As noted above, the focus of our Second <strong>Pay</strong> <strong>TV</strong> Consultation was on wholesale<br />

markets, and we did not formally seek to define retail markets. However, in the light<br />

of the comments of respondents to that consultation, we now assess retail markets<br />

for the provision of packages including Core Premium sports channels. The key<br />

question for our analysis is whether FTA content or basic tier content is likely to<br />

constrain a monopolist retailer of premium sports channels.<br />

4.228 We recognise that premium sports channels are retailed in wider bundles containing<br />

basic tier channels or movie channels, radio stations and indeed products such as<br />

phone or broadband packages. When assessing the constraints on premium sports<br />

channel retailers we consider the constraint on the premium element of the bundle.<br />

Our analysis therefore identifies products that subscribers to premium sports<br />

channels might substitute away to.<br />

4.229 As with our assessment of wholesale markets we consider:<br />

� Demand side substitution<br />

o Consumer response to price rises<br />

o Evidence of consumer preferences, product characteristics, and the constraint<br />

from FTA.<br />

� Supply side substitution.<br />

� Summary of conclusions.<br />

Demand side substitution<br />

Consumer response to price rises<br />

Our position in the First <strong>Pay</strong> <strong>TV</strong> Consultation<br />

4.230 In our First <strong>Pay</strong> <strong>TV</strong> Consultation we reported our survey evidence on consumers’<br />

stated response to hypothetical price rises. The evidence suggested that although<br />

large numbers of subscribers might switch or change their subscription in response<br />

to a price rise, many chose to keep the sports element of the package. We stated<br />

that such responses might be subject to ‘stated preference bias’, so they should be<br />

interpreted with caution.<br />

177 Joint Top Up <strong>TV</strong> and Setanta response, paragraph 3.4. Sky increased the prices of its premium<br />

sports packages by £1 (about 4%) on 1 st September 2007; Setanta reduced its price by £5 to £9.99<br />

on DSat in August 2007.

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