Ofcom to investigate Sky over wholesale supply of Sky Sports 1 and 2 to BT
On Friday 24 May 2013, Ofcom received a complaint from BT which alleges that the terms on which Sky offered wholesale supply of SS1&2 to BT’s YouView platform amount to an abuse of dominance. The complaint alleges that Sky is making wholesale supply of SS1&2 to BT’s YouView platform conditional on BT wholesaling BT Sport channels to Sky for retail on Sky’s satellite platform.
As set out in section 25 of the Act, Ofcom may conduct an investigation where it considers there are reasonable grounds for suspecting that the Chapter II prohibition and/or the prohibition in Article 102 TFEU have been infringed. In addition to the Chapter II prohibition in the Act, Ofcom has the power to apply Article 102 TFEU in full.
Ofcom has now opened an investigation under section 25 of the Act into the matters raised by BT’s complaint and will consider whether Sky has abused a dominant position under UK and/or EU competition law.
As part of the complaint BT has requested that Ofcom should consider whether it is necessary to act as a matter of urgency to grant interim measures relief under section 35 of the Act. We expect to issue a decision on interim measures in July 2013
http://stakeholders.ofcom.org.uk/enf...paign=cw_01106