MUMBAI: UK pay TV service provider Sky has won its appeal
against UK media watchdog Ofcom's decision to force the company
to reduce the amount it charges companies like BT and Virgin
Media for carrying Sky Sports channels.
Competition Appeal Tribunal (Cat) heard the case. In the judgment,
Justice Barling said: "The tribunal has concluded that
Ofcom's core competition concern is unfounded. That concern
is based on the finding to which we have referred, namely
that Sky has deliberately withheld from other retailers wholesale
supply of its premium channels, preferring to be entirely
absent from those retailers' platforms rather than to give
them wholesale access, and that in doing so Sky has been acting
on strategic incentives unrelated to normal commercial considerations
of revenue/profit maximisation."
tribunal came to the view that Ofcom has, to a significant
extent, misinterpreted the evidence of these negotiations,
which does not support its conclusion. "We have found
a significant number of Ofcom's pivotal findings of fact in
the statement to be inconsistent with the evidence,"