The National Markets and Competition Commission (CNMC) has initiated another sanctioning file against Telefónica, after the body chaired by Cani Fernández already opened one last week. Once again the reason is the alleged failure to comply with the commitments acquired in the purchase of Sogecable. If last week Competition focused on the rights that were acquired then for the broadcast in Spain of third-party sports audiovisual content, now it focuses on the a la carte contracting of ‘premium’ channels.
As has already been said, this file is being opened due to a possible breach of the commitments acquired within the framework of the Telefónica/DTS concentration operation (the former Sogecable), which took place in April 2015.
That year, the CNMC authorized this operation on the condition that Telefónica complied with a series of agreements, which were extended for an additional period of three years in July 2020.
Among other things, the company agreed to comply with certain conditions regarding the duration and terms of contracts for the acquisition of content and its exploitation. In addition, it agreed to allow the a la carte contracting of ‘premium’ channels within the most contracted basic pay television package, and to offer its channels under specific conditions in the wholesale market.
As reported by the CNMC in a statement, this resolution is part of the surveillance work that the organization carries out to verify that Telefónica is carrying out what was agreed upon and thus preserves fair competition with other communication companies.
It must be remembered, in November 2022 the CNMC declared the existence of indications of non-compliance with several commitments. «This file does not prejudge the final result of the investigation. A maximum period of three months is now open for the investigation of the file and for its resolution by the CNMC.the organization explained in its note.
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