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Pay TV phase three document - Stakeholders - Ofcom

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[ � ] 376<br />

[ � ] 377<br />

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

6.40 In our view, this response to requests for wholesale supply has had the same effect<br />

as an outright refusal because (a) most competing retailers are understandably<br />

reluctant to allow Sky to retail directly to their customer bases and (b) retailers are<br />

unlikely to be in a position to be able to demonstrate conclusively to Sky that Sky<br />

would be better off under a wholesale arrangement than a retail arrangement.<br />

6.41 In every case, the outcome has been a collapse of negotiations. Nor has Sky<br />

attempted to negotiate wholesale supply arrangements after it became clear that<br />

these providers were not going to accept a retail agreement with Sky.<br />

376 Sky response dated 8 May 2009 to <strong>Ofcom</strong> information request dated 20 Mar 2009, question 7.<br />

377 Ibid.<br />

189

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