Investigation into Pay-TV exclusive agreements
August 14, 2008
Outcome of investigation
The Competition Authority (“the Authority”) received a large number of complaints about the exclusive supply of Pay-TV to apartment developments, predominantly in the Greater Dublin Area.
In the view of the Authority, where an exclusivity period was no greater than two years in duration an agreement between developers and Pay-TV providers was generally unlikely to breach competition law.
On foot of an investigation, the Authority published a Decision Notice, and also issued a Guidance Note to assist apartment residents and prospective apartment buyers.
Outline of case
The Authority received a large number of complaints about the exclusive supply of Pay-TV to apartment developments, predominantly in the Greater Dublin Area. These exclusive agreements were seen by some consumers as granting an effective monopoly to a Pay-TV service provider. Furthermore, apartment residents were often not permitted to erect satellite dishes, and so were unable to obtain an alternative source of TV.
Following a detailed investigation, the Authority issued an enforcement decision where it stated that in the view of the Authority, where an exclusivity period was no greater than two years in duration an agreement between developers and Pay-TV providers was generally unlikely to breach competition law.
In the case of agreements which exceed this time period, they will be assessed on a case by case basis.
The Authority also found that blanket bans on having satellite dishes erected on apartment balconies were not likely to breach competition law. However, the Authority welcomed the fact that various local Authority planning guidelines recommended that shared satellite dishes should be allowed on apartment rooftops, in order to facilitate greater choice of Pay-TV provider, while at the same time avoiding numerous satellite dishes appearing on balconies and side walls.
To learn more on this case read our Enforcement Decision Note relating to Alleged anticompetitive practices in the provision of Pay-TV infrastructure and services to apartment developments (pdf) and our Guidance Note Pay-TV exclusivity in apartment developments (pdf).
Having read our Guidance Note, should you have concerns about the nature of a Pay-TV agreement you can make a complaint to the Competition and Consumer Protection Commission via the following link.
Relevant provision
- Section 4 of the Competition Act 2002
- Article 101 of the Treaty on the Functioning of the European Union
