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Sky and the Competition Appeal Tribunal order on interim relief - Venture Insights

Report Overview

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Sky and the Competition Appeal Tribunal order on interim relief

PublisherEnders Analysis.
Publish Date May 2, 2010
Sector Pay TV, Sports.
Company BT, Sky Group, Virgin Media.

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Implementation of Ofcom’s wholesale must-offer (WMO) remedy for Sky Sports 1 and 2 is to proceed while the Competition Appeal Tribunal (CAT) hears Sky’s appeal, but subject to conditions which include restricting it to three parties: Virgin Media, BT and Top-Up TV.

The settlement marks an important concession by Sky on the principle of enforced wholesale, and seems implicitly to reduce the WMO issue to one of price.

DTT viewers should now be able to access live Premier League and other premium sports action on Sky Sports 1 and 2 from the start of the 2010/11 football season; but the ability of BT and Top-Up TV to capitalise depends on several factors, among them the possibility of Sky launching Picnic should it satisfy Ofcom’s limited preconditions for that service.