Television Drama Over Advertising Deals

In March 2009, TV3, a private television broadcaster in Ireland, complained to the Irish Competition Authority (the "Authority") that RTÉ, the State-owned television and radio broadcaster in Ireland, was engaging in anticompetitive behaviour. The complaint related to RTÉ's "share deal" agreement, a scheme under which discounts granted to individual advertisers depended upon, among other factors, the percentage of each advertiser's total television advertising budget committed to RTÉ. Ultimately, the Authority did not reach a conclusion on the competition law implications, as RTÉ offered undertakings which sufficiently addressed the Authority's concerns.

The majority of television advertising in Ireland is sold through advertising agencies. RTÉ negotiates specific terms for each individual advertiser, both with advertising agencies, and also directly with advertisers. The Authority's investigation found that the higher the share of total television advertising budget