According to a press release issued on 7 March 2019, the
European Commission ("Commission") has formally accepted
the commitments offered by Disney, NBC Universal, Sony Pictures,
Warner Bros. and Sky in Case 40.023, Cross-border access to
pay-TV, under Article 9 of Regulation 1/2003. The commitments
address the Commission's concerns over clauses in the film
licensing contracts for pay-TV concluded by the above four U.S.
studios with Sky UK.
According to the Commission's statement of objections issued
in July 2015 to the above companies as well as to Paramount
Pictures, certain clauses in these film licensing contracts
constituted territorial restrictions eliminating cross-border
competition between pay-TV broadcasters. Specifically, the clauses
in question required (i) Sky UK to block access by consumers
situated outside its licensed territory (UK and Ireland) to the
studios' films through its pay-TV services and (ii) some of the
studios to ensure that broadcasters