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In its decision of February 7, 2018, the National Markets and Competition Commission (CNMC) approved the commitments presented by Mediapro to address the Commission’s concerns about possible anti-competitive practices in the wholesale marketing of premium pay-television channels in Spain.

This closes the proceedings initiated by the CNMC after receiving a complaint filed by the operator Obwan, according to which Mediapro had abused its dominant position by applying alleged discriminatory conditions for new entrants of internet pay-television to access its beIN Sports and beIN LaLiga channels.

In particular, the CNMC investigated these possibly abusive conducts:

  • Mediapro’s refusal to transfer the rights of its beIN LaLiga channel to Obwan for broadcasting on the internet. While allowing other operators to broadcast the channel on the internet by offering them their access linked to other services, it refused to let Obwan broadcast the channel on the internet independently.


  • The economic conditions that Mediapro imposed on Obwan to access the beIN Sports channel. The CNMC considered it to be possibly unjustified discrimination that Mediapro had agreed with Telefónica on a fixed pricing for the channel’s non-exclusive license, while the other operators had to pay Mediapro a certain amount in two steps (a guaranteed minimum linked to a number of monthly quotas, and an incremental cost if the number of quotas included in the guaranteed minimum was exceeded).

The CNMC agreed to the conventional termination of the proceedings after validating the commitment proposal presented by Mediapro, by which it is obliged to allow access to any pay-television operator interested—and particularly Obwan—to its beIN LaLiga and beIN Sports channels. It also commits to offering fair and non-discriminatory economic and commercial conditions to access the channels, including clarifications to avoid discrimination in other matters (such as forms of payment and packages).

The agreement will affect the current marketing cycle for broadcasting rights of the Champions League (2015/2016 to 2017/2018 season) and the Football League (2016/2017 to 2018/2019 season).

Read the CNMC’s decision here

This post is also available in: Español



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