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ARTICLE · 26 JANUARY 2015

Virgin Media’s Ofcom Complaint – Payback Time For The Long Suffering Fans?

RWK Goodman
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Virgin Media has complained to Ofcom that the English Premier League practice of restricting the number of games available for live broadcast under its deal has the object or effect of restricting competition.

United KingdomAntitrust/Competition Law
Stephen Hornsby
Stephen Hornsby

Stephen Hornsby's article originally appeared in World Sports Law Report, December 2014

Virgin Media's Complaint to Ofcom

As noticed briefly in last months issue, Virgin Media has complained to Ofcom that the English Premier League ("EPL") practice of restricting the number of games available for live broadcast under its deal has the object or effect of restricting competition under Chapter I of the Competition Act 1998 and/or Article 101(1) of the Treaty on the Functioning of the European Union. It does not appear from the Press Release that Virgin Media is attacking EPL's collective selling of broadcasting rights as such. This will be a relief to the clubs.

On the contrary, it appears that Virgin Media accepts collective selling but is arguing that the current arrangements specifically and uniquely approved by the European Commission on 2006 (after an exhaustive investigation carried out with Ofcom support) inflate rights fees beyond levels prevailing in other

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