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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 />

6.196 On the relative profitability of Sky’s wholesale sports and movies activities, as we<br />

have highlighted previously, a critical challenge relates to revenue allocation for<br />

products sold in bundles. However, because most costs are direct, it is possible to<br />

reach a clearer view on the most appropriate cost allocation. Under Oxera’s central<br />

“preference based” assumption for revenue allocation, and based on Sky’s wholesale<br />

rate-card prices, it estimates margins of [ � ]% and [ � ]% for sports and movies<br />

respectively.<br />

6.197 Oxera then considers an alternative approach to disaggregating sports and movies<br />

revenues when these products are sold in bundles. At one extreme, all subscribers to<br />

bundles of sports and movies are treated as “sports lovers”, purchasing movies as an<br />

add-on. Hence Oxera considers the stand-alone price of sports as the relevant price<br />

of sports in the bundle, and the incremental price of movies to be the relevant price of<br />

movies 447 . At the other extreme, all subscribers to the bundles are treated as “movie<br />

lovers”, so the relevant price of movies is the standalone movies price, and the<br />

relevant price of sports is the incremental price. These extreme assumptions do not<br />

change the overall result that margins for movies are greater than those for sports,<br />

although the maximum allocation of revenues to sports narrows the gap substantially<br />

(margins for movies are [ � ]% and margins for sport are [ � ]%).<br />

6.198 Nonetheless, Oxera concludes that “estimates of returns for sports / movies channels<br />

do not seem sufficiently robust to draw conclusions on the relative returns at the retail<br />

and wholesale levels”.<br />

6.199 We agree that it is difficult to be definitive on returns on investment. However, in our<br />

own view, because of the relatively low level of common costs in this area and the<br />

possibility of identifying the reasonable limits for revenue allocation, we can be more<br />

definitive with respect to margins. We consider that the evidence points towards<br />

margins for movies being higher than those for sports.<br />

Comparison of Sky’s returns to other comparators<br />

6.200 We also asked Oxera to benchmark Sky’s results against appropriate comparators<br />

(firms with similar business characteristics to Sky, both <strong>TV</strong> and non-<strong>TV</strong>). The results<br />

of this comparison are described in detail in Oxera’s report (Annex 9), but in<br />

summary Oxera found that Sky in aggregate, and Sky’s wholesale operations in<br />

particular, had a higher ROCE than comparator businesses over the period 2003-07.<br />

While the range of results was wide, the mean and median ROCE across 30<br />

comparators were both around 7%, compared to Sky’s ROCE of [ � ]% (book asset<br />

values) and [ � ]% (based on replacement cost). Sky’s retail operations had a<br />

similar ROCE to comparators, although Sky’s retail margins appeared lower than<br />

comparators.<br />

Conclusions<br />

6.201 Oxera’s results suggest that Sky is earning returns considerably above its WACC. As<br />

Oxera states in its report, its analysis suggests that Sky is making returns higher than<br />

would be expected in a competitive market where new entrants were able to compete<br />

447 Any greater allocation of revenues to sports would assume that purchasers of the bundle were<br />

paying more than their willingness to pay for movies. To take a simple and entirely illustrative<br />

example, if the combined price of sports and movies is £50 and the standalone price of sports is £40,<br />

then this extreme allocation would assume that the sports product was priced at £40 in the bundle,<br />

and the movies product was priced at £10. Any subscribers with a lower willingness to pay for movies<br />

would only purchase the standalone sports product.<br />

218

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