NEWSLETTER-2017
103 COMPETITION LAW if telecommunication services become more competitive, competition will increase in markets, such as IPTV services and Pay TV platform operations. The final issue that comes to the forefront in the Report is the development as to primary content. The Competition Authority states that the demands for primary content have increased due to the devel- opments in the broadcasting field. It further purports that the scarcety of primary content is obtained by exclusive rights and, therefore, there is a competition structure for the market with regard to primary content. The primary content consists of film and sports broadcast- ing and, in particular, the sports content consists of important events, notably football matches. The Competition Authority explains that the Pay TV platform operators do not have a notable problem regarding their access to primary film content, but that the difficulties in access to football matches create competitive concerns. The sale of the live broadcasting rights for football matches in a single package is criti- cized in the Report. The Competition Authority underscores the fact that live broadcasting rights are marketed in more than one package in many European countries, and it points out the necessity to establish a more competitive tender structure. Conclusion The Competition Authority’s Sector Inquiry on television broad- casting reveals, in general, the emerging developments in light of the technological improvements in television broadcasting. The Competi- tion Authority states that the prompt completion of the transition to the digital broadcasting is an important stage. It is also clear that the improvement of cable television and broadband internet infrastructure is recommended as another competitive factor. Eliminating obstacles to the installment of broadband internet infrastructure, allowing the electricity-gas companies to install fiber-optic cables, and enabling third parties to use their unutilized capacities are rather radical recom- mendations; whereas, this issue requires adopting exhaustive regula- tions, it can also cause other competition problems as the electricity and natural gas distributorship companies are dominant companies that have considerably high market power.
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