International Journal of Communications Law & Policy

RULES GOVERNING THE ACQUISITION BY THIRD PARTIES OF TELEVISION RIGHTS FOR SPORTING EVENTS UNDER EUROVISION IN BREACH OF THE EUROPEAN COMPETITION LAW
By Anna Herold

Download the Paper in PDF Format: IJCLP Web-Doc 10-7-2003

Abstract

The Commission was wrong to conclude that, even in a market limited to certain major international sporting events, the sub-licensing system set up by the European Broadcasting Union (EBU) guarantees access to Eurovision rights for third parties competing with EBU members.
According to the Court of First Instance, the sub-licensing system does not guarantee competitors of members of the EBU sufficient access to the transmission rights for sporting events which members hold due to their participation in that purchasing association. In the eyes of the Court, the condition on which the EBU exemption was based - the non-elimination of competition for non-members - has not been satisfied. As a result, the exemption the EBU enjoyed due to the Commission decision must be annulled.

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