Ofcom has finally closed a 2013 complaint by BT, which alleged that Sky was abusing a dominant position by making wholesale supply of Sky Sports 1 / 2 (TV channels) to BT’s YouView (IPTV) platform conditional on BT wholesaling their BTSport channels to Sky for retail on their satellite platform.
The original complaint was filed by BT on 24th May 2013, but at lot has changed since then. For example, Ofcom recently removed regulation that required Sky to offer wholesale access (“Wholesale Must Offer“) to their Sky Sports 1 and Sky Sports 2 TV channels (at prices set by the regulator) and the reasoning behind that centred on the fact that Sky now makes those channels widely available through “commercial wholesale arrangements” with its pay TV competitors (here).
At the time the only remaining supply arrangement for Sky Sports 1/2 under Ofcom’s wholesale must-offer regulation was with BT for its YouView (IPTV) service, which is now their primary TV platform. Sky has since continued to supply these channels to BT on a non-reciprocal basis. Never the less Ofcom continued to keep its investigation open, until today.
Ofcom Statement
BT has now obtained access to SS1&2 on a non-reciprocal basis for its YouView platform. As this was the remedy sought by BT in the Complaint, Ofcom considers that the principal risk to the interests of the consumers identified in the Complaint has therefore been brought to an end.
End.
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