TVN24 abused its market position demanding that its program be broadcast in all networks belonging to a cable TV operator - decided the President of the Office of Competition and Consumer Protection

A cable TV operator requested UOKiK Branch Office in Bydgoszcz to start investigation. The reason was a request (under a licence agreement) to broadcast TVN24 and TVN Meteo programmes in all the cable TV networks belonging to the Automatic Service (in the cities of Inowrocław, Nakło nad Notecią, Trzemeszno, Konin, Brodnica, Gniewkowo and Szubin). In the operator’s opinion, not all subscribers using its services are interested in expanding the offer by additional programmes, since this is connected with higher fees. Due to that, Automatic Service proposed that the programmes be broadcast in two, out of seven networks (in the cities of Konin and Brodnica).

After an antimonopoly investigation, the Office of Competition and Consumer Protection shared the arguments of Automatic Service and ordered TVN24 to discontinue the described practice. In the opinion of the Office, the broadcaster of both programmes abused its market position imposing onerous terms of a licence agreement.

In order to find out if the enterprise is using competition restricting practices, it was necessary to determine the market in which the dominating position was abused by the company. Issuing the decision, the President of the Office found out, that the suspected broadcaster operates in the domestic market of paid Polish-language TV programmes of information (programme TVN24) and weather forecast (TVN Meteo). The narrow definition of the market in which the law was abused is compliant with guidelines of the European Commission (e.g. of 2000 it recognised a specific character of sports programmes) and jurisdiction of the European Court of Justice (e.g. in 1979 it recognised the trade in specific vitamins as separate markets).

Besides, the Polish Court of Competition and Consumer Protection in its decisions stressed that markets should be narrowed in order to determine an antimonopoly breach. Otherwise, there would be problems in finding dominating enterprises and, in effect, the regulations to prevent abuse would be rendered ineffective with a detriment both to consumers and efficiency of competition mechanisms.

Additional information:
Elżbieta Anders, Spokesperson of UOKiK
International Relations and Communication Department
Office of Competition and Consumer Protection
Pl. Powstańców Warszawy 1, 00-950 Warsaw
Ph.: (+48 22) 827 28 92, 55 60 106, 55 60 314
E-mail: [SCODE]ZWFuZGVyc0B1b2tpay5nb3YucGw=[ECODE]