• Does the sale of TV packages to operators, including cable networks, by broadcasters hinder competition? Do the broadcasters leverage their market position in the advertising market?
• This will be the subject of explanatory proceedings initiated by President of UOKiK Tomasz Chróstny.
• The broadcasters’ operations may be detrimental to their smaller competitors as well as to operators and consumers.

UOKiK has been receiving numerous complaints, especially from TV operators, on the methods of selling TV shows by broadcasters. The proceedings were launched after meetings and consultations with various market players. Operators pointed out that they could not choose individual TV shows, or purchasing them is not cost-effective and therefore they had to buy them in packages even when the content of these packages is not attractive to customers. This means that the consumer, i.e. the viewer, may also be deprived of freedom of choice.

President of UOKiK Tomasz Chróstny initiated an investigation to examine the relations between broadcasters and operators of cable TV and digital platforms in particular. He shall review, inter alia, the market structure, including whether broadcasters are not discriminating against competing operators and whether they are leveraging their dominant position in the advertising market. The examined issues will also include the impact of the broadcasters’ behaviour on the offer that operators address to consumers.

- A lot of consumers - TV viewers - find it difficult to access their favourite TV shows: they have to buy them in a package together with the ones they are not interested in at all. Packages can also be enforced on cable networks, while the cost is shifted to the consumer, who often receives an offer dramatically different from their real needs as a viewer. One of the aims of the proceedings will be to check whether this situation is due to a higher level of turnover and this is the way the broadcasters sell their shows to operators, aimed at artificially creating advertising time for broadcasters – says President of the Office, Tomasz Chróstny.

The Office will investigate the impact on broadcasters’ advertising revenues from the sale of TV show packages and the extent to which the packages strategy may hinder minor broadcasters’ access to the market.

Anti-monopoly law prohibits anti-competitive behaviour - market dominators may not, inter alia, use cross-selling or treat their counterparties unequally, discriminately.

The explanatory proceedings are conducted in the case, not against specific enterprises. However, if, based on the gathered information, it is found that the broadcasters are infringing the law, then they will be charged with the use of practices restricting competition. This is subject to a fine of up to 10 percent of the entrepreneur’s annual turnover.

Additional information for the media:

UOKiK Press Office
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