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-   -   General : Sky Sports pricing dispute: appeal ruling looms (https://www.cableforum.uk/board/showthread.php?t=33689147)

Media Boy UK 08-08-2012 15:50

Sky Sports pricing dispute: appeal ruling looms
 
After more than two years of wrangling BSkyB is set to find out whether its attempt to overturn Ofcom's order to slash the amount it charges rivals to offer its flagship Sky Sports channels has been successful.

For more go to: http://www.guardian.co.uk/media/2012...ss+%28Media%29

MalteseFalcon 08-08-2012 16:09

Re: Sky Sports pricing dispute: appeal ruling looms
 
So if they lose the appeal, could this mean that Virgin would be in a better bargaining position to carry Atlantic, plus the other 2 Sports channels in HD?

Media Boy UK 08-08-2012 16:12

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by MarkC1984 (Post 35461152)
So if they lose the appeal, could this mean that Virgin would be in a better bargaining position to carry Atlantic, plus the other 2 Sports channels in HD?

I give up on this story last year - Let just wait and see what happen next...

devilincarnate 08-08-2012 16:53

Re: Sky Sports pricing dispute: appeal ruling looms
 
4.30PM today

nstokes 08-08-2012 17:32

Re: Sky Sports pricing dispute: appeal ruling looms
 
is 4:31PM now, any news?

Sirius 08-08-2012 17:34

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by nstokes (Post 35461168)
is 4:31PM now, any news?

Give them chance :LOL:

denphone 08-08-2012 17:35

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by nstokes (Post 35461168)
is 4:31PM now, any news?

None yet Mr Stokes.

devilincarnate 08-08-2012 17:52

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by nstokes (Post 35461168)
is 4:31PM now, any news?

They have to wait for any redactions from all parties in the ruling and also if they need any more evidence?

muppetman11 08-08-2012 18:00

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by nstokes (Post 35461168)
is 4:31PM now, any news?

Expect a delay for another 6 months :banghead:

nstokes 08-08-2012 18:01

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by muppetman11 (Post 35461175)
Expect a delay for another 6 months :banghead:

What makes you say that?

Mobes 08-08-2012 18:05

Re: Sky Sports pricing dispute: appeal ruling looms
 
Because that's what the person who wrote the article thinks will happen!

denphone 08-08-2012 18:07

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by muppetman11 (Post 35461175)
Expect a delay for another 6 months :banghead:

Again it seems Sky are doing everything in their power to drag this out for as long as possible but then again thats no surprise given their track record on these things.:(:td:

geordiechris 08-08-2012 18:10

Re: Sky Sports pricing dispute: appeal ruling looms
 
The ruling has been published. Have I read it correctly in thinking that Sky have won their appeal or am I just being dumb ? (I must admit I did skim through it quite quickly lol)

Mobes 08-08-2012 18:14

Re: Sky Sports pricing dispute: appeal ruling looms
 
No I think you're right. But doesn't it just mean the appeal is allowed? Or have they won? And what does that mean regarding VM users of Sky Sports & movies HD?

---------- Post added at 17:14 ---------- Previous post was at 17:14 ----------

http://www.catribunal.org.uk/238/Judgments.html

MalteseFalcon 08-08-2012 18:21

Re: Sky Sports pricing dispute: appeal ruling looms
 
Way I read it is that when OFCOM finally make their ruling, SKY are allowed to appeal against it. Which means that VM customers will be screwed over and over again.

pk1 08-08-2012 18:23

Re: Sky Sports pricing dispute: appeal ruling looms
 
Good news, nice to see Sky loose an appeal.

nstokes 08-08-2012 18:24

Re: Sky Sports pricing dispute: appeal ruling looms
 
Does that mean VM etc now get Sky Sports channels at a cheaper price starting today?

Media Boy UK 08-08-2012 18:28

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by nstokes (Post 35461193)
Does that mean VM etc now get Sky Sports channels at a cheaper price starting today?

The following will happen if the story on Eurosport is true.

1) Maybe just maybe they (BSkyB and Virgin) need to sign an new deal first for the price to be cut.

OR

2) BSkyB will give Virgin Media the rights to carry the rest of the Sky Sports HD Channels.

Mobes 08-08-2012 18:30

Re: Sky Sports pricing dispute: appeal ruling looms
 
HANG ON I'm confused... I thought Sky WON their appeal not LOST???? HELP!!!

muppetman11 08-08-2012 18:31

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by Media Boy (Post 35461196)
The following will happen if the story on Eurosport is true.

1) Maybe just maybe they (BSkyB and Virgin) need to sign an new deal first for the price to be cut.

OR

2) BSkyB will give Virgin Media the rights to carry the rest of the Sky Sports HD Channels.

Wait for official lines to come out before speculating ;)

pk1 08-08-2012 18:33

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by Media Boy (Post 35461196)
The following will happen if the story on Eurosport is true.

1) Maybe just maybe they (BSkyB and Virgin) need to sign an new deal first for the price to be cut.

OR

2) BSkyB will give Virgin Media the rights to carry the rest of the Sky Sports HD Channels.

Also looks like Virgin will be getting money back just in case Sky won the appeal, they have still been paying full price and difference was kept aside untill the outcome of the appeal.

Sirius 08-08-2012 18:34

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by Media Boy (Post 35461196)
The following will happen if the story on Eurosport is true.

1) Maybe just maybe they (BSkyB and Virgin) need to sign an new deal first for the price to be cut.

OR

2) BSkyB will give Virgin Media the rights to carry the rest of the Sky Sports HD Channels.

Thats the option i see happening

Nice to see Sky get a kicking for once :)

I bet TELLY will be fuming :LOL:

denphone 08-08-2012 18:34

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by muppetman11 (Post 35461198)
Wait for official lines to come out before speculating ;)

Yes l have to agree with you for once.

nstokes 08-08-2012 18:36

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by Sirius (Post 35461201)
Thats the option i see happening

Nice to see Sky get a kicking for once :)

I bet TELLY will be fuming :LOL:

I dont see that option happening. If it does ill eat my hat, hair and toes in an Omlette :)

muppetman11 08-08-2012 18:36

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by pk1 (Post 35461200)
Also looks like Virgin will be getting money back just in case Sky won the appeal, they have still been paying full price and difference was kept aside untill the outcome of the appeal.

That's correct
Quote:

Originally Posted by Sirius (Post 35461201)
Thats the option i see happening

Nice to see Sky get a kicking for once :)

That would be excellent if true , very few news sources seem to be reporting it yet.

denphone 08-08-2012 18:40

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by muppetman11 (Post 35461206)
That's correct


That would be excellent if true , very few news sources seem to be reporting it yet.

Its very hard to get any news link about it at the moment.

---------- Post added at 17:40 ---------- Previous post was at 17:39 ----------

Quote:

Originally Posted by nstokes (Post 35461205)
I dont see that option happening. If it does ill eat my hat, hair and toes in an Omlette :)

Can we come and watch you do that Mr Stokes.:D

nstokes 08-08-2012 18:41

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by denphone (Post 35461207)

Can we come and watch you do that Mr Stokes.:D

Im sure i can put a video on Youtube :D

devilincarnate 08-08-2012 18:58

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by Mobes (Post 35461197)
HANG ON I'm confused... I thought Sky WON their appeal not LOST???? HELP!!!

It is this part of the non-confidential judgement?

Quote:

In particular we should give due weight to Ofcom’s decision and its reasoning, and should not interfere with it unless satisfied that it is wrong
We will need to wait for the full and redacted judgement?

gj4009 08-08-2012 19:07

Re: Sky Sports pricing dispute: appeal ruling looms
 
Sky won the appeal, whats more the judgment extract notes about how virgin and others were the ones making things difficult.

Ofcom has attributed responsibility for the failure to reach agreement
largely to Sky’s failure to engage constructively with its counterparties. However
the evidence shows that Sky did, on the whole, engage constructively. On the other
hand its counterparties by no means always did so, and in our view regulatory
gaming on the part of some of Sky’s counterparties played a much more important
role in the commercial negotiations and their progress (or lack of it) than Ofcom has
recognised.

Ahhh glad im believing in better with my TV provider ;) :p:

http://www.catribunal.org.uk/237-654...Media-Inc.html

nstokes 08-08-2012 19:12

Re: Sky Sports pricing dispute: appeal ruling looms
 
Same here :D

---------- Post added at 18:12 ---------- Previous post was at 18:09 ----------

Oh i also guess this means i fone have to eat my hat, hair and toes :D

Sirius 08-08-2012 19:18

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by gj4009 (Post 35461216)
Sky won the appeal, whats more the judgment extract notes about how virgin and others were the ones making things difficult.

Ofcom has attributed responsibility for the failure to reach agreement
largely to Sky’s failure to engage constructively with its counterparties. However
the evidence shows that Sky did, on the whole, engage constructively. On the other
hand its counterparties by no means always did so, and in our view regulatory
gaming on the part of some of Sky’s counterparties played a much more important
role in the commercial negotiations and their progress (or lack of it) than Ofcom has
recognised.

Ahhh glad im believing in better with my TV provider ;) :p:

http://www.catribunal.org.uk/237-654...Media-Inc.html

Quote:

The Tribunal has concluded that neither of Sky’s and FAPL’s two grounds of challenge to Ofcom’s jurisdiction to take action under section 316 in the present case succeeds.
does this not show that Sky lost :confused:

nstokes 08-08-2012 19:18

Re: Sky Sports pricing dispute: appeal ruling looms
 
MAybe they got ahead of them selfs MB?

Media Boy UK 08-08-2012 19:19

Re: Sky Sports pricing dispute: appeal ruling looms
 
So why did Eurosport report this then???

http://uk.eurosport.yahoo.com/news/b...--finance.html

Now we know why Eurosport News did not work. :)

devilincarnate 08-08-2012 19:20

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by Media Boy (Post 35461219)
So why did Eurosport report this then???

http://uk.eurosport.yahoo.com/news/b...--finance.html

Well said MB as what has been put online is the non-confidential parts of the trial that have been available throughout the case (as it states). We all need to wait for the full and redacted version of the judgement as I have said before.

andy_m 08-08-2012 19:22

Re: Sky Sports pricing dispute: appeal ruling looms
 
Somewhat surprised that the take up of Sky Sports is so low across the Virgin customer base. Somewhere between 10 and 12%. That can't just be because of price-the difference really isn't that great. I find it slightly surprising that ofcom think Sky's negotiations with several other companies have failed because of the other companies and not the common denominator-common sense tells you thats unlikely-but perhaps the reason why companies like Virgin haven't engaged fully, if that really is the case, is that there's no real incentive for them to do so because there really isn't the clamour for these channels that some would have you believe.

devilincarnate 08-08-2012 19:27

Re: Sky Sports pricing dispute: appeal ruling looms
 
Here is another take on it? If these do not know what they are on about god help us all?

http://www.nasdaq.com/article/bskyb-...20120808-01092

Sirius 08-08-2012 19:29

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by gj4009 (Post 35461216)
Sky won the appeal, whats more the judgment extract notes about how virgin and others were the ones making things difficult.

Ofcom has attributed responsibility for the failure to reach agreement
largely to Sky’s failure to engage constructively with its counterparties. However
the evidence shows that Sky did, on the whole, engage constructively. On the other
hand its counterparties by no means always did so, and in our view regulatory
gaming on the part of some of Sky’s counterparties played a much more important
role in the commercial negotiations and their progress (or lack of it) than Ofcom has
recognised.

Ahhh glad im believing in better with my TV provider ;) :p:

http://www.catribunal.org.uk/237-654...Media-Inc.html

So what makes you think Sky won ?

Media Boy UK 08-08-2012 19:30

Re: Sky Sports pricing dispute: appeal ruling looms
 
Sky won on this link:

http://www.businessweek.com/news/201...ports-channels

Link found by muppetman11.

The latest is Sky 2 Virgin Media 2.:)

pk1 08-08-2012 19:30

Re: Sky Sports pricing dispute: appeal ruling looms
 
Conflicting outcomes

http://www.bloomberg.com/news/2012-0...-channels.html


http://online.wsj.com/article/BT-CO-...08-713163.html

Sirius 08-08-2012 19:33

Re: Sky Sports pricing dispute: appeal ruling looms
 
This is so hilarious :)

denphone 08-08-2012 19:35

Re: Sky Sports pricing dispute: appeal ruling looms
 
At the moment l am utterly baffled by all these different links and the interpretations of who has lost or won in all this :confused::confused:.

muppetman11 08-08-2012 19:35

Re: Sky Sports pricing dispute: appeal ruling looms
 
It doesn't take much but I'm lost and haven't got a clue :D

denphone 08-08-2012 19:37

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by muppetman11 (Post 35461233)
It doesn't take much but I'm lost and haven't got a clue :D

Then the master has failed and perhaps it is time for you to leave your throne.;):D

Sirius 08-08-2012 19:38

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by muppetman11 (Post 35461233)
It doesn't take much but I'm lost and haven't got a clue :D

The lawyers will make a fortune decrypting all of this :LOL:

denphone 08-08-2012 19:40

Re: Sky Sports pricing dispute: appeal ruling looms
 
l have just found two quotes from DS and they are as follows.

Quote:

LONDON (Reuters) - British satellite broadcaster BSkyB lost a long-standing dispute over the price it can charge rivals for its sports content after Britain's Competition Appeal Tribunal (CAT) ruled against the company on Wednesday.
The dispute dates back to 2010 when media regulator Ofcom ordered BSkyB to reduce the amount charged to competitors, such as Virgin Media and BT for its two most important SkySports channels in a move designed to increase market competition.
Quote:

BSkyB lost on jurisdiction challenge, but Tribunal found Ofcom's core competition concern to be unfounded

devilincarnate 08-08-2012 19:42

Re: Sky Sports pricing dispute: appeal ruling looms
 
Not sure after reading this?

Quote:

08 August 2012
BSkyB responds to CAT ruling on pay TV appeal
"Sky notes today's announcement by the Competition Appeal Tribunal (CAT) of its judgment on the various appeals of Ofcom’s decision to impose a Wholesale Must Offer obligation in respect of Sky Sports 1 and Sky Sports 2.
"We welcome the CAT’s confirmation that Ofcom’s competition concerns in relation to the wholesale supply of Sky Sports are unfounded and that, contrary to Ofcom’s analysis, the evidence shows that Sky has engaged constructively with other distributors over the supply of its premium channels. This finding supports the argument that Sky has been making consistently over the last five years.
"We also welcome the CAT’s conclusion that the existing commercial terms of supply, particularly in relation to Sky’s wholesale rate card, do not obstruct fair and effective competition in the retailing of Sky Sports across platforms.
"At present, Sky has access only to the CAT’s summary of its principal findings and conclusions. Sky will give careful consideration to the full judgment when it is made available."

nstokes 08-08-2012 19:42

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by denphone (Post 35461235)
Then the master has failed and perhaps it is time for you to leave your throne.;):D


We cant have that, he is out master. If he leaves the throne we have no master

Emel 08-08-2012 19:46

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by denphone (Post 35461237)
l have just found two quotes from DS and they are as follows.

I don't claim to understand this but are the reports trying to say that OFCOM's concerns about Sky Sports pricing were unfounded but that they do have the right to require Sky to reduce their prices?

denphone 08-08-2012 19:50

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by Emel (Post 35461241)
I don't claim to understand this but are the reports trying to say that OFCOM's concerns about Sky Sports pricing were unfounded but that they do have the right to require Sky to reduce their prices?

:shrug:

muppetman11 08-08-2012 20:00

Re: Sky Sports pricing dispute: appeal ruling looms
 
http://www.guardian.co.uk/media/2012...redirect=false

Maggy 08-08-2012 20:01

Re: Sky Sports pricing dispute: appeal ruling looms
 
Clear as mud..:rolleyes:

However there maybe some light ahead.OFCOM said...

Quote:

In a separate investigation, the Competition Commission also very recently concluded that competition in the pay-TV market is not effective. We will therefore immediately consider what further steps we should take to ensure there is effective competition in the pay-TV sector, in line with our duties."

devilincarnate 08-08-2012 20:05

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by muppetman11 (Post 35461243)

I like this part of the article MM?

Quote:

However, the tribunal did not find in BSkyB's favour on each of the grounds that it contested.

BSkyB was unable to convince the tribunal that Ofcom misinterpreted its powers when it ordered the pay-TV company to reduce its wholesale prices for the two sports channels

Sirius 08-08-2012 20:10

Re: Sky Sports pricing dispute: appeal ruling looms
 
There is more to this than meets the eye and i think there will still be some maneuvering going on behind closed doors

gj4009 08-08-2012 20:10

Re: Sky Sports pricing dispute: appeal ruling looms
 
The link that said Sky lost was the same story by the same mis in-formed reporter Karolin Schaps, just reposted on lots of different new sites. Read the PDF document which can be found on my link on page 2. To summarise Sky won, Sky are not being unfair in thier pricing, Sky were the ones trying to make progress on a deal while others were making things as arkward as they could.

Dave42 08-08-2012 20:14

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by Sirius (Post 35461248)
There is more to this than meets the eye and i think there will still be some maneuvering going on behind closed doors

lets hope so

devilincarnate 08-08-2012 20:20

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by gj4009 (Post 35461249)
The link that said Sky lost was the same story by the same mis in-formed reporter Karolin Schaps, just reposted on lots of different new sites. Read the PDF document which can be found on my link on page 2. To summarise Sky won, Sky are not being unfair in thier pricing, Sky were the ones trying to make progress on a deal while others were making things as arkward as they could.

I have been following this case since the inception and I same as the reporter that you have quoted I too am confused and will wait for the full and redacted version of the judgement.

Hugh 08-08-2012 20:25

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by gj4009 (Post 35461249)
The link that said Sky lost was the same story by the same mis in-formed reporter Karolin Schaps, just reposted on lots of different new sites. Read the PDF document which can be found on my link on page 2. To summarise Sky won, Sky are not being unfair in thier pricing, Sky were the ones trying to make progress on a deal while others were making things as arkward as they could.

Direct link to the findings

http://www.catribunal.org.uk/files/1...act_080812.pdf

Summary of the grounds of appeal and of the Tribunal’s conclusions

I refer you to pages 7&8, sections 12-16, which state Sky's appeals are not upheld.

You are referring to the ruling regarding Ofcom's Challenged Findings, Page 9 Section 20, not the appeals.

Maggy 08-08-2012 20:33

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by Hugh (Post 35461257)
Direct link to the findings

http://www.catribunal.org.uk/files/1...act_080812.pdf

Summary of the grounds of appeal and of the Tribunal’s conclusions

I refer you to pages 7&8, sections 12-16, which state Sky's appeals are not upheld.

You are referring to the ruling regarding Ofcom's Challenged Findings, Page 9 Section 20, not the appeals.

Doesn't help..I think old age is dulling my IQ.

devilincarnate 08-08-2012 20:38

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by Maggy J (Post 35461259)
Doesn't help..I think old age is dulling my IQ.

Come on Maggy 95 is not old age.:erm::D:D:D:D So that should not dull your IQ

Hugh 08-08-2012 20:41

Re: Sky Sports pricing dispute: appeal ruling looms
 
Good summary in the Guardian

http://www.guardian.co.uk/media/2012...?newsfeed=true

Quote:

In a summary judgment handed down after the London stock market closed on Wednesday, the Competition Appeal Tribunal has ruled that Ofcom's core competition concern about the way the pay-TV broadcaster sold its sports channels wholesale to competitors was "unfounded".

The CAT said the media regulator misinterpreted some of the evidence that was before it when it ordered BSkyB to sell Sky Sports 1 and 2 to rivals for up to 23% less than the previous wholesale price in March 2010.

Wednesday's ruling follows a two-year legal challenge by BSkyB over market competition issues.

Mr Justice Barling said in the judgment: "The tribunal has concluded that Ofcom's core competition concern is unfounded. That concern is based on the finding to which we have referred, namely that Sky has deliberately withheld from other retailers wholesale supply of its premium channels, preferring to be entirely absent from those retailers' platforms rather than to give them wholesale access, and that in doing so Sky has been acting on strategic incentives unrelated to normal commercial considerations of revenue/profit maximisation.

"The tribunal is of the view that Ofcom has, to a significant extent, misinterpreted the evidence of these negotiations, which does not support Ofcom's conclusion. We have found a significant number of Ofcom's pivotal findings of fact in the statement to be inconsistent with the evidence."

However, the tribunal did not find in BSkyB's favour on each of the grounds that it contested.

BSkyB was unable to convince the tribunal that Ofcom misinterpreted its powers when it ordered the pay-TV company to reduce its wholesale prices for the two sports channels.

Dave42 08-08-2012 20:49

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by Hugh (Post 35461263)

so sky did lose

Mobes 08-08-2012 21:08

Re: Sky Sports pricing dispute: appeal ruling looms
 
Tell me if I'm wrong lol

The regulator believes that Ofcom had, on the whole, ever right to tell SKY that they had to lower the price of Sky Sports to it's competitors but they found the evidence OFCOM gave for those reasons to be incorrect/misleading.

So in conclusion SKY both won and lost!

gj4009 08-08-2012 21:09

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by Hugh (Post 35461257)
Direct link to the findings

http://www.catribunal.org.uk/files/1...act_080812.pdf

Summary of the grounds of appeal and of the Tribunal’s conclusions

I refer you to pages 7&8, sections 12-16, which state Sky's appeals are not upheld.

You are referring to the ruling regarding Ofcom's Challenged Findings, Page 9 Section 20, not the appeals.

That part is about Skys challenge against ofcoms misinterpretation of power, nothing to do with the headline matter that i pointed out which is Sky won there appeal against having the charge less. End of the day ofcom have something against Sky and are on a mission but lets not forget this is the same ofcom that wasted hundreds of thousands of pounds pursuing late night phone in channels if a little bit of pubic hair was flashed or baby oil was rubbed in an overly suggestive manner. Ofcom are not worth a light my friend, they are well and truly chumming up to VM and are upset that they lost.

Just incase there is any further doubt.

http://corporate.sky.com/media/press..._pay_tv_appeal

Mobes 08-08-2012 21:14

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by gj4009 (Post 35461275)
That part is about Skys challenge against ofcoms misinterpretation of power, nothing to do with the headline matter that i pointed out which is Sky won there appeal against having the charge less. End of the day ofcom have something against Sky and are on a mission but lets not forget this is the same ofcom that wasted hundreds of thousands of pounds pursuing late night phone in channels if a little bit of pubic hair was flashed or baby oil was rubbed in an overly suggestive manner. Ofcom are not worth a light my friend, they are well and truly chumming up to VM and are upset that they lost.

Just incase there is any further doubt.

http://corporate.sky.com/media/press..._pay_tv_appeal

Yes BUT

"However, the tribunal did not find in BSkyB's favour on each of the grounds that it contested.

BSkyB was unable to convince the tribunal that Ofcom misinterpreted its powers when it ordered the pay-TV company to reduce its wholesale prices for the two sports channels."

So if Sky lose the part where it suggests OFCOM had no right to force it to lower the price of Sky Sports then they still have to lower the price, no?

This ruleing doesn't mean that SKY can begin to ask for ridiculous prices for its premium channels again!

As far as I can make out what we have now after the ruling is the same as what we had beore it.

Sky must offer it's premium chanels at a decent price.

devilincarnate 08-08-2012 21:17

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by gj4009 (Post 35461275)

Just incase there is any further doubt.

http://corporate.sky.com/media/press..._pay_tv_appeal

You have posted the link to what I have previous? But this is good of them?

Quote:

"At present, Sky has access only to the CAT’s summary of its principal findings and conclusions. Sky will give careful consideration to the full judgment when it is made available."

Telly_ 08-08-2012 21:37

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by Sirius (Post 35461201)
Thats the option i see happening

Nice to see Sky get a kicking for once :)

I bet TELLY will be fuming :LOL:


Fuming about what? I won't suffer a financial loss or have a financial gain no matter what the out come of this will be. The only effect this "ruling" will have on me is I may pay £1 or £2 more or less for Skysports per month in the months a head.

Although having taken my kids to Splash Landings at Alton towers today and spent nigh on £300 for the day when I reflect tomorrow although I won't be fuming I may be slightly annoyed.

You do need to get over your obsession with me though, its slightly creepy as everytime I log on lately I have a flashing notification that originates from you. Or 8 out of every 10 of your comments either quotes me or mentions me.

Incase you hadn't noticed I've tried ignoring you, but you're very persistant I can only imagine its an age thing, I do hope when I'm your age I have better things to do with my time, I suspect I will be retired abroad though, Not arguing over a paytv provider.

LexDiamond 08-08-2012 21:59

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by Mobes (Post 35461274)
Tell me if I'm wrong lol

The regulator believes that Ofcom had, on the whole, ever right to tell SKY that they had to lower the price of Sky Sports to it's competitors but they found the evidence OFCOM gave for those reasons to be incorrect/misleading.

So in conclusion SKY both won and lost!

That is correct.

Basically Sky won. But not for the reasons they contested. Ofcom was wrong to begin with. Sky had no justification to fight the appeal on the grounds they did. But too many people jumped on the bandwagon and thought Sky had lost, while ignoring the bigger picture and the fact that Sky had nothing to answer in the first place.

It seems a bit silly to me that Sky can be judged to be wrong when they had nothing to answer in the first place!

Mobes 08-08-2012 22:02

Re: Sky Sports pricing dispute: appeal ruling looms
 
So what does it mean for VM?

Maggy 08-08-2012 22:05

Re: Sky Sports pricing dispute: appeal ruling looms
 
It could be a Franz Kafka tale..a summation that makes no sense whatever.

LexDiamond 08-08-2012 22:07

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by Mobes (Post 35461295)
So what does it mean for VM?

It means nothing for VM by the looks of it. VM were at fault for poor negotiation/engagement in this case.

Off course the regulator still has a hump so will no doubt come back. But until then all VM got from this is more showboating by Sky.

Emel 08-08-2012 22:14

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by LexDiamond (Post 35461294)
That is correct.

Basically Sky won. But not for the reasons they contested. Ofcom was wrong to begin with. Sky had no justification to fight the appeal on the grounds they did. But too many people jumped on the bandwagon and thought Sky had lost, while ignoring the bigger picture and the fact that Sky had nothing to answer in the first place.

It seems a bit silly to me that Sky can be judged to be wrong when they had nothing to answer in the first place!

I think basically Sky lost. The court said Ofcom was wrong to begin with but that Ofcom still have the right to tell Sky to reduce their prices.

Sirius 08-08-2012 22:18

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by Emel (Post 35461299)
I think basically Sky lost. The court said Ofcom was wrong to begin with but that Ofcom still have the right to tell Sky to reduce their prices.

Its one of the strangest rulings i have seen in a long time.

Telly_ 08-08-2012 22:18

Re: Sky Sports pricing dispute: appeal ruling looms
 
Yep, OFCOM needs to justify its existence, it seems it has chosen Sky as its target to show it has teeth. So it doesn't mean much for anyone.

Sirius 08-08-2012 22:19

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by Mobes (Post 35461295)
So what does it mean for VM?

I am sure we will find out in the next few days once the full ruling is deciphered by the various lawyers on all sides.

BenMcr 08-08-2012 22:25

Re: Sky Sports pricing dispute: appeal ruling looms
 
http://www.telegraph.co.uk/finance/n...-channels.html

Quote:

The next step will be for the tribunal to decide what must take place, with a one-month period in which its ruling can be appealed.

LexDiamond 08-08-2012 22:27

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by Emel (Post 35461299)
I think basically Sky lost. The court said Ofcom was wrong to begin with but that Ofcom still have the right to tell Sky to reduce their prices.

Directly from the findings:

In point 16 it says that Sky was wrong for questioning Ofcom's authority.
Furthet in point 19 Sky is proven wrong again on its basis of contention.

But then if you read point 28, the conclusion was basically that Ofcom had no clue as to what actually happened.

Point 30 then states that they found no evidence that Sky is against the wholesale of its channels.

Point 32 is the killer blow. It says that the assertion that Sky is against the supply to cable is unfounded.

This is damning evidence for VM. The evidence shows that VM are lacking in bringing services to its platform.

Emel 08-08-2012 22:31

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by BenMcr (Post 35461305)

Don't like the sound of this bit

"The ruling from CAT could see rivals’ customers be priced out of access to prime sports coverage unless they move to BSkyB, critics suggested."

BenMcr 08-08-2012 22:32

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by LexDiamond (Post 35461306)
This is damning evidence for VM. The evidence shows that VM are lacking in bringing services to its platform.

No it doesn't. It's OFCOM's view that they are saying is wrong.

In the Judgement the CAT say:

Quote:

In our view the evidence overall demonstrates that VM is rightly regarded by Sky as a serious, well-established rival capable of constraining Sky’s actions in the market, and that it does in fact compete effectively with Sky in the retail supply of packages which include CPSCs. We therefore conclude that Ofcom’s finding as to the effect of the rate card prices on VM’s incentives and competitive effort is not justified. Nor indeed is customer choice likely to be adversely affected to any real extent. Existing customers of VM who wish to take CPSCs can do so without switching, and at prices which are comparable with those on DTH satellite.

denphone 08-08-2012 22:33

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by LexDiamond (Post 35461306)
Directly from the findings:

In point 16 it says that Sky was wrong for questioning Ofcom's authority.
Furthet in point 19 Sky is proven wrong again on its basis of contention.

But then if you read point 28, the conclusion was basically that Ofcom had no clue as to what actually happened.

Point 30 then states that they found no evidence that Sky is against the wholesale of its channels.

Point 32 is the killer blow. It says that the assertion that Sky is against the supply to cable is unfounded.

This is damning evidence for VM. The evidence shows that VM are lacking in bringing services to its platform.

And what services dear Lex in your mind are lacking as this just sounds just like another anti-Virgin post in my mind.

Chad 08-08-2012 22:36

Re: Sky Sports pricing dispute: appeal ruling looms
 
Will Virgin be making some kind of announcement about this to their customers?

BenMcr 08-08-2012 22:37

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by Chad (Post 35461310)
Will Virgin be making some kind of announcement about this to their customers?

The process hasn't completed yet. Sky have won the right to appeal OFCOM's judgement - the appeal itself hasn't happened yet

Quote:

In the light of the Tribunal’s conclusions, Sky’s appeal must be allowed, but the Tribunal will hear the parties in due course on the appropriate ruling
So until there is actual outcome one way or the other, there isn't anything to communicate to customers

LexDiamond 08-08-2012 22:43

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by BenMcr (Post 35461308)
No it doesn't. It's OFCOM's view that they are saying is wrong.

In the Judgement the CAT say:

Paragraph 29 clearly states that abondment was not Sky's fault.

Quote:

Originally Posted by denphone (Post 35461309)
And what services dear Lex in your mind are lacking as this just sounds just like another anti-Virgin post in my mind.

Sorry Den but your anti Sky assertion is wrong in this case. Looking at negotiations, the conclusion is that it was not Sky that is the reason that these services are not there on counter party platforms.

Chad 08-08-2012 22:45

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by BenMcr (Post 35461311)
The process hasn't completed yet. Sky have won the right to appeal OFCOM's judgement - the appeal itself hasn't happened yet



So until there is actual outcome one way or the other, there isn't anything to communicate to customers

I just thought Virgin would release something to clear up their stance on the matter. The story is being covered by most news websites, and paints a very confusing picture. SKY have a statement on their site, and the fact this thread has almost 2000 views in 7 hours suggests Virgin customers want as much clarity as possible, ideally directly from our service provider.

Is that too much to ask? As a customer I'd like my provider to tell me something, even if it's just some kind of holding statement.

BenMcr 08-08-2012 22:46

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by LexDiamond (Post 35461313)
Sorry Den but your ant Sky assertion is wrong in this case. Looking at negotiations, the conclusion is that it was not Sky that is the reason that these services are not there on counter party platforms.

Eh?

The appeal is in regards to OFCOM's ruling about the price reduction.

denphone 08-08-2012 22:49

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by LexDiamond (Post 35461313)
Paragraph 29 clearly states that abondment was not Sky's fault.



Sorry Den but your ant Sky assertion is wrong in this case. Looking at negotiations, the conclusion is that it was not Sky that is the reason that these services are not there on counter party platforms.

The clear reason that some channels are not on Virgin are one Sky's clear intent to withhold certains channels and their variants and two is their clear policy of asking ridiculous carriage fees for some of their channels as well.

BenMcr 08-08-2012 22:51

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by Chad (Post 35461314)
Is that too much to ask? As a customer I'd like my provider to tell me something, even if it's just some kind of holding statement.

From the Telegraph article:

Quote:

Virgin Media said it was “simply not credible that the Competition Appeal Tribunal has concluded there are no problems in a market which Ofcom spent three years investigating”.

Telly_ 08-08-2012 22:53

Re: Sky Sports pricing dispute: appeal ruling looms
 
Look, Sky is the best UK pay tv provider.

Let the large players,BT talktalk build their content, and the small players Smallworld and Virginmedia cry to OFCOM because they are buried in debt and will never come to anything. Problem solved ;)

LexDiamond 08-08-2012 22:53

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by BenMcr (Post 35461315)
Eh?

The appeal is in regards to OFCOM's ruling about the price reduction.

And paragraph 29 clearly discredits Ofcoms assertion on which its whole case is based.

Chad 08-08-2012 22:54

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by BenMcr (Post 35461318)
From the Telegraph article:

All we need now is for all Virgin customers to visit the Telelgraph website;)

andy_m 08-08-2012 22:55

Re: Sky Sports pricing dispute: appeal ruling looms
 
Its laughable that anyone can think Sky have won this. The judgment that they aren't against the wholesaling of their channels at competitive prices might give them the opportunity to say "we told you so", but it also means that their channels have to remain available at competitive prices or it'll give their competitors the opportunity to say it back. In reality little will change here-there will continue to be little difference in sports package pricing across the various platforms, the majority of customers wanting to watch sport will continue to do so on Sky's platform and only a minority of Virgin customers will subscribe. Basically a case of "move along, nothing to see here".

Telly_ 08-08-2012 22:55

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by denphone (Post 35461316)
The clear reason that some channels are not on Virgin are one Sky's clear intent to withhold certains channels and their variants and two is their clear policy of asking ridiculous carriage fees for some of their channels as well.


Just like there are clear reasons Virginmedia withhold access to its cable network, typical anti competitive behavior.

denphone 08-08-2012 22:57

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by Telly_ (Post 35461319)
Look, Sky is the best UK pay tv provider.

Let the large players,BT talktalk build their content, and the small players Smallworld and Virginmedia cry to OFCOM because they are buried in debt and will never come to anything. Problem solved ;)

Oh dear Telly why can't you come out with something constructive for once instead of your usual anti-Virgin ranting as the needle is getting constantly stuck on the record.

---------- Post added at 21:57 ---------- Previous post was at 21:56 ----------

Quote:

Originally Posted by Telly_ (Post 35461324)
Just like there are clear reasons Virginmedia withhold access to its cable network, typical anti competitive behavior.

As usual you simply have no clue what you are talking about.:rolleyes:

LexDiamond 08-08-2012 22:59

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by denphone (Post 35461316)
The clear reason that some channels are not on Virgin are one Sky's clear intent to withhold certains channels and their variants and two is their clear policy of asking ridiculous carriage fees for some of their channels as well.

Evidence suggests otherwise ;)

denphone 08-08-2012 23:02

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by LexDiamond (Post 35461327)
Evidence suggests otherwise ;)

Really dear Lex you must take off those rose tinted glasses your masters supplies to you.:)

Telly_ 08-08-2012 23:03

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by denphone (Post 35461325)
Oh dear Telly why can't you come out with something constructive for once instead of your usual anti-Virgin ranting as the needle is getting constantly stuck on the record.

---------- Post added at 21:57 ---------- Previous post was at 21:56 ----------



As usual you simply have no clue what you are talking about.:rolleyes:

Ok, TiVo seems to be successful,the broadband in some of the fastest in the UK and Virginmedia offer HD for free that Sky charge £10.25 a month for. Although Sky offer more HD is it worth the extra £10.25. Virginmedia also include ESPN in the XL tv package where as Sky charge either £12 a month of £9 a month depending on your tv package.

I hope offcom find in favour of VM as Sky are robbing thieves over charging other providers to discourage a competitive market.

Is that ok Denphone?

andy_m 08-08-2012 23:03

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by Telly_ (Post 35461324)
Just like there are clear reasons Virginmedia withhold access to its cable network, typical anti competitive behavior.

Whilst my position is that it's Sky's content, they bought it, they should be able to profit from it, I would have to just point out that withholding access from the Virgin cable network hasn't prevented Sky from being competitive in the market for any of the services that Virgin supply by cable. Given that Sky's dominance in the pay TV market has been built on it's Sports output, there is clearly a better argument that the withholding of this content is more damaging to competition than the withholding of access to Virgin's cable network.

Telly_ 08-08-2012 23:15

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by andy_m (Post 35461330)
Whilst my position is that it's Sky's content, they bought it, they should be able to profit from it, I would have to just point out that withholding access from the Virgin cable network hasn't prevented Sky from being competitive in the market for any of the services that Virgin supply by cable. Given that Sky's dominance in the pay TV market has been built on it's Sports output, there is clearly a better argument that the withholding of this content is more damaging to competition than the withholding of access to Virgin's cable network.

Well when in areas consumers can get Sky and VM the difference in TV channels is minimal, VM get ALL Skys sports channels just not ALL HD.

But in the same areas Sky customers maybe limited to 3Mb BB where as Virginmedia customers may be getting 100Mb, How is that fair?

Virgin should be forced to open the network that passes more than 50% of UK households.

muppetman11 08-08-2012 23:17

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by denphone (Post 35461316)
The clear reason that some channels are not on Virgin are one Sky's clear intent to withhold certains channels and their variants and two is their clear policy of asking ridiculous carriage fees for some of their channels as well.

Clearly the CAT don't agree with yours or OFCOM's way of thinking , I'm sure they'll have been thorough in their investigation of the evidence.

Quote:

Originally Posted by LexDiamond (Post 35461321)
And paragraph 29 clearly discredits Ofcoms assertion on which its whole case is based.

Indeed , I guess some skipped that section :p:

LexDiamond 08-08-2012 23:23

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by denphone (Post 35461328)
Really dear Lex you must take off those rose tinted glasses your masters supplies to you.:)

Touche

PS: CAT is not my master ;)

BenMcr 08-08-2012 23:24

Re: Sky Sports pricing dispute: appeal ruling looms
 
Quote:

Originally Posted by Telly_ (Post 35461345)
Well when in areas consumers can get Sky and VM the difference in TV channels is minimal, VM get ALL Skys sports channels just not ALL HD.

But in the same areas Sky customers maybe limited to 3Mb BB where as Virginmedia customers may be getting 100Mb, How is that fair?

Virgin should be forced to open the network that passes more than 50% of UK households.

Except, there is nothing stopping Sky investing in their own fibre network to give customers 100Mbit broadband.

However sports rights are a single shot thing. It's impossible for Sky's rivals to offer the same service at the same time as Sky - so they have to buy Sky's channels.


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