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ARTICLE · 15 OCTOBER 2009

Competition Commission Issues Provisional Decision On ITV´s CRR Undertakings

This week the Competition Commission (CC) published its provisional decision following the review of ITV's Contract Rights Renewal (CRR) undertakings.

United KingdomAntitrust/Competition Law
SJ Berwin'S EU & Competition Team
SJ Berwin'S EU & Competition Team

This week the Competition Commission (CC) published its provisional decision following the review of ITV's Contract Rights Renewal (CRR) undertakings. The CC has provisionally concluded that the CRR undertakings should remain in place although some variations may be justified. 

In October 2003 Carlton and Granada, the UK's two largest commercial television companies, merged to create ITV.  The CC allowed the merger to proceed but, in order to protect advertisers, imposed the CRR remedy given ITV's strength on the television advertising market.  The CRR caps the amount that ITV can charge advertisers, effectively freezing the terms of the contracts.

In May 2009, at the initiation of ITV, the CC carried out a review of the undertakings to determine whether the competitive environment has changed sufficiently since 2003 to justify the removal of the undertakings.  It was noted that ITV's market share has declined since 2003, with the penetration of digital television

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