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Originally Posted by JustaBloke
No it wouldn't. Your example isn't similar at all. Other dramas are available, other gangster programmes are available, other fantasy programmes are available etc. Once again, HBO programmes are only one brand. Other brands are available. Just like other petrol brands are available.
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The whole point of the free market is that there are no restrictions on supply. If supply is restricted, the market isn't free and the government should step in to ensure a free market is restored. The restraint to trade is the exclusivity clause in the contract, effectively forming a cartel to control supply, availability and price of the product. Prior to the exclusive agreement with Sky, HBO content was available "on-demand" on Virgin Media.
Your argument that other channels are available and other drama etc is available doesn't apply to the example I gave, it didn't state that channels or drama programmes were being restricted but cited a specific product. The specific product having its supply restricted is
HBO content. Clearly other petrol brands are available but the example I gave was of a cartel being formed by the fuel companies (plural) and Tesco, so the specific example there was petrol as a whole.
Obviously the size of the markets are different and the example I gave is obviously a situation that wouldn't actually happen but was clearly intended to show cartels working in restraint of trade.
---------- Post added at 20:10 ---------- Previous post was at 20:03 ----------
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Originally Posted by OLD BOY
The problem here is that all these comparisons with supermarkets are nonsense. I can take my grocery list to Sainsbury's, Asda, Tesco's or wherever, and I would be able to buy the products I wanted in any of them.
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Yep, which is why my example was of one supermarket totally controlling the supply of fuel. You wouldn't be able to go elsewhere, just as you can't go elsewhere for Sky Atlantic.
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The thing about Sky Atlantic is that Sky have bought all these exclusive rights and nobody else gets a look in. As I've said before, I am happy with VM, Sky, BT or whoever putting on their own exclusive channels, but the programmes and films should not be exclusive (except maybe for a maximum of 6 months).
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I don't have a massive problem with them obtaining exclusive rights but if they do operate in this way to restrict supply and distort the market, they shouldn't also be allowed to make the channel exclusive. If they are acting as a monopoly supplier, an independent third party should set a fair price at which the channel should be made available to other platform operators.