Standard service is called Kabel TV [59] and includes about 40 electronic tv channels, along with 40 digital and analogue radio networks. It includes all the major Dutch networks and a few of the primary networks of neighbouring countries. Added television and radio networks are offered via “television Basic”, “Movies & Collection XL” and superior bundles. Every additional package comes with Xite Songs which uses 40 extra radio networks, in addition to interactive video clip on demand solutions.
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In that regard, the applicant sends that one of the most watched sports in the Netherlands are the Netherlands football championship (Eredivisie), the major national and worldwide football competitions (the Champions Organization, the English Premier Organization and the Spanish Liga) and Formula 1. According to the candidate, that sort of content need to be deemed must-have material for tv service providers, in addition to major international sports events such as the Olympic Gamings, the FIFA Globe Mug, the European Football Champion and, for cycle racing, the Scenic tour de France and the Giro d’Italia. As is apparent in particular from paragraphs 70 and 71 over, in the objected to choice, the Commission based its verdict relating to the interpretation of the pertinent market on the following considerations. Initially, a number of respondents to the marketplace investigation mentioned that the Ziggo Sporting Activity Totaal and Fox Sports channels completed for similar material and client bases and were significantly becoming substitutable.
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Second, the candidate declares that the opposed decision overlooks the task to state reasons in ruling out the importance of material in its evaluation of the results of the concentration on the marketplace for fixed-mobile ‘numerous play’ packages. The candidate sends that recital 504 of the disputed choice, according to which a bulk of respondents to the market examination considers it essential for tv company to supply a minimum of one costs pay TV sports channel, does not leave out that a number of channels would certainly be necessary in order to compete successfully. Furthermore, it sends that the question asked by the Compensation in the marketplace examination was unclear. As an initial factor, the applicant keeps in mind the significance of sports web content in drawing in customers in the market for the retail supply of tv services, which discusses why the battle for exclusive broadcasting civil liberties is intensifying.
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As relates to the essence from the merged entity’s internet site, had in Annex 19 to the application, educating its last clients of a rate increase validated by a boost of its own costs, it should be noted that it is not specific that that supports the existence of a threat of vertical effects. Specifically, that file does not support the insurance claim that the joined entity would have upstream market power arising from Ziggo Sport Totaal, which is a requirement for the existence of a risk of input foreclosure. It is apparent from paragraph 31 of the Standards on non-horizontal mergers that input repossession develops where, post-merger, the brand-new entity would be likely to restrict accessibility to the service or products that it would have otherwise provided had the merger not taken place. It complies with from recitals 497 to 522 to the objected to decision that the Compensation took a look at those three conditions in today case, without that method being criticised by the applicant. As pertains to the research study conducted by the Netherlands media authority in Annex 14 to the application, it suffices to note that it just mentions that the material of the television services provide, in other words the web content of the package, is amongst the factors for the consumers’ selection of the provider, the first factor being cost. As has actually been specified, however, it does not dismiss the substitutability of Fox Sports and Ziggo Sport Totaal, nor do the data on the portions of audiences that enjoy Ziggo Sport Totaal and Fox Sports periodically and daily supply any type of indicator as to the substitutability of the two networks.
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