Antitrust Cross-border Pay-TV Case: Accommodating Contractual Freedom Within the EU’s Single Market Objective

European Competition and Regulatory Law Review 3/2019

4 Pages Posted: 14 Nov 2019

See all articles by Agustin Reyna

Agustin Reyna

BEUC, The European Consumer Organisation

Date Written: September 1, 2019

Abstract

This is a commentary of the judgement of the General Court of 12 December 2018 which dismissed the appeal brought by the French broadcaster Groupe Canal + against the Commission’s decision accepting the commitments offered by Paramount in the cross-border pay-TV case (AT.40023). This ruling confirms, on one side, the broad appreciation powers of the Commission when accepting commitments offered by an undertaking in the context of Article 9 of Regulation 1/2003 and, on the other side, the anti-competitive nature of clauses included in licensing agreements between right holders and broadcasters aiming at eliminating cross-border competition through the restriction of cross-border passive sales.

Keywords: Single Market; Antitrust; Article 101 TFEU; Copyright; Audiovisual Services; Broadcasting; Geo-blocking

JEL Classification: K00, K11, K12, K21, K4, K41

Suggested Citation

Reyna, Agustin, Antitrust Cross-border Pay-TV Case: Accommodating Contractual Freedom Within the EU’s Single Market Objective (September 1, 2019). European Competition and Regulatory Law Review 3/2019 , Available at SSRN: https://ssrn.com/abstract=3481702

Agustin Reyna (Contact Author)

BEUC, The European Consumer Organisation ( email )

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