Pay TV phase three document - Stakeholders - Ofcom

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Pay TV phase three document – non-confidential version the existence of the existing commitments, and the importance of understanding how these play out in practice before considering our approach to future commitments. However, we are now in a better position to assess what the effect has been of the current commitments: they have facilitated the entry of Setanta into the market, and the development of new retail packages, in particular entry-level packages on non- Sky platforms. Partially offsetting this, some existing consumers on Sky’s satellite have had to purchase an additional subscription at a price of at least £9.99 per month in order to continue being able to view all the FAPL matches. Moreover, the consumer benefits which have resulted from Setanta’s entry into the market have not proved to be sustainable, at least in the form described above 12.41 The commitments offered by the FAPL to meet the concerns expressed to it by the Commission sought to improve the scope for ex ante competition for the rights to permit greater competition in the acquisition of those rights and to improve the accessibility of content for TV, radio and new media operators. The Commission’s objective in accepting the commitments was to ensure that the arrangements did not restrict output or result in competitors being foreclosed from the relevant markets, to the detriment of consumers. However the greater competition which resulted from the commitments and the consumer benefits which have resulted from the Commission’s action ensuring Setanta’s entry into the market do not at the time of writing appear to be sustainable, at least in their current form: as we set out in section 3, Setanta has been unable to establish a lasting position in the market. 12.42 We would expect to take this evidence into consideration when considering any new set of commitments. We emphasise however that this does not mean that our objective in considering any new commitments would be to intervene more aggressively in order to ensure the success of a successor to Setanta. Rather we would consider as a national competition authority whether the continued operation of the collective selling arrangement by the FAPL appreciably prevents, restricts or distorts competition contrary to Article 81(1) EU (and Chapter 1 CA98) based on evidence of developments in the market. In examining the need for ex post intervention we are likely to include consideration of the following: � We would wish to minimise any disruptive effect for existing consumers, by ensuring that they continue to have access to the full range of content. We would particularly wish to ensure that consumers on existing platforms continue to have access to the full range of FAPL content. � We would want to facilitate competition. The current commitments achieve this by setting aside one package of rights, providing cross-platform exclusivity in relation to a subset of matches, for new entrants. We would wish to review the effectiveness of this approach. An alternative might be a reduction in crossplatform exclusivity for some matches, most likely achieved by making a subset of matches available on both DTT and existing platforms. � We would wish to ensure that any reduction in the exclusivity premium associated with these rights does not artificially depress their value. � We would wish to explore mechanisms by which commercial as well as residential consumers were protected from the detrimental effects of collective selling. For example, we might want to establish separate sets of rights for residential and commercial subscribers. This would not risk damaging rights values because the two sets of rights would not be substitutes, but could potentially offer a viable entry strategy for retailers targeting commercial consumers, as well as providing greater transparency as to profitability levels. 345
Pay TV phase three document – non-confidential version Consultation questions 346 27. Do you agree with our proposed approach to addressing concerns about the restricted exploitation of SVoD movies rights? 28. Do you agree with our proposed way forward on FAPL? 29. In particular, what remedies do you believe we should consider on FAPL, if any?
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Pay TV phase three document Propose
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Section 1 1 Summary Pay TV phase th
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(4) In this section— Pay TV phase
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Ofcom’s views Pay TV phase three
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� Annex 3: consultation response
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Content aggregation and market powe
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Respondents’ views 4.36 Sky comme
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Our current view Pay TV phase three
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Production differentiation Pay TV p
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Barriers to entry and expansion Pay
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Background Pay TV phase three docum
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[ � ] 376 [ � ] 377 Pay TV phas
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Choice Pay TV phase three document
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Sky Core Premium customers on DSat
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Premium customers on cable Pay TV p
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Distorted choice of bundles Pay TV
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Section 9 Pay TV phase three docume
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Set of relevant wholesale products
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Pay TV phase three document - Stakeholders - Ofcom

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