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Given by: Professor Christine Oughton Synopsis This paper reviews the evidence and outcomes of recent competition authority cases on the collective selling of broadcasting rights by football leagues. In particular we focus on the recent EC case against the Premier League. Our analysis shows that the collective selling of broadcasting rights by the Premier League (PL) does not represent a restriction of competition on the market in the normal sense and therefore does not breach Article 81. Moreover, we find that collective selling agreements improve the production and distribution of football matches and benefits consumers (football supporters). However, we believe that these benefits would be enhanced by greater solidarity (which has been eroded in recent years) and better corporate governance of football clubs. Finally, we argue that there
is a lack of competition in the broadcasting market due to BSkyB’s
dominant position and its possible abuse of that position. However,
we believe that this is best dealt with under Article 82 and that
the Commission should investigate BSkyB’s activities directly
using Article 82 rather than seek to regulate abuse of a dominant
position in broadcasting via application of Article 81 to the football
industry. The use of Article 81 to remedy BSkyB’s dominance
runs the risk of undermining solidarity in the football industry and
reducing the output of that industry with no guarantee that BSkyB’s
dominant position and possible abuse of that position would be curtailed
or eliminated. The seminar is free. For
further details contact Sean Hamil at the Football Governance Research
Centre on 020 7631 6763 or email s.hamil@bbk.ac.uk |