BT’s clash over Sky Sports goes into extra time
BT’S DISPUTE with BSkyB over the price and availability of Sky Sports on its YouView set top boxes will go into an epic eighth year following a court ruling yesterday.
The Court of Appeal decided that the competition tribunal should re-examine its decision from August 2012, which stopped BSkyB being forced to offer Sky Sports 1 and 2 to rivals at discounted prices.
“BT welcomes today’s judgment from the Court of Appeal. We are glad that this issue will now be considered afresh and are hopeful that the outcome will finally deliver increased competition in pay-TV which would be in the best interests of consumers,” said a BT spokesperson, adding: “BT remains unable to offer Sky Sports 1 and 2 on its most important TV service YouView. Sky’s refusal to offer access to these channels on reasonable terms causes serious harm to consumers and must be resolved urgently.”
The Competition Appeal Tribunal (CAT) originally ruled in 2012 that an Ofcom ruling from March 2010 that Sky should charge a wholesale regulated price for Sky Sports and offer a guarantee of access to rivals was: “unfounded”.
BT challenged that decision with the Court of Appeal, and yesterday’s ruling will force the CAT to reopen the issue in the coming weeks.
“Sky continues to believe that Ofcom’s 2010 decision is flawed and that the wholesale must offer obligation ought properly to be removed, and will continue to pursue all available options to achieve this aim,” Sky said in a statement.
TIMELINE: SKY SPORTS DISPUTE
2007
BT, Virgin Media, Top Up TV and others complain to Ofcom about the lack of fair competition in the pay-TV space.
MARCH 2010
Ofcom rules that there is not fair competition and that Sky holds a dominant position in the market. A series of remedies are brought in including a wholesale regulated price for Sky Sports and a guarantee for rivals to have access to Sky Sports.
MAY 2011
Sky appeals Ofcom’s decision to the Competition Appeal Tribunal (CAT).
AUGUST 2012
The CAT rules that Ofcom’s core competition concerns over Sky’s dominant position in the pay-TV market, and the way that Sky sold and priced its sports channels, was unfounded.
APRIL 2013
BT challenges the CAT’s decision in the Court of Appeal.
17 FEBRUARY 2014
The CAT’s decision is overturned by the Court of Appeal. The CAT is told to revisit the issue over the coming weeks.