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ARTICLE · 16 MAY 2019

European Commission Accepts Final Commitments In Cross-Border Access To Pay-TV Case

Van Bael & Bellis
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The Commission had already accepted and made binding commitments offered by Paramount Pictures in July 2016.

European UnionMedia, Telecoms, IT, Entertainment

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

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