WRITTEN QUESTION No. 466/98 by Allan MACARTNEY to the Commission. Competition rules and television rights for the European Football Championships in 2000
2. 10. 98 EN Official Journal of the European Communities C 304/111 (98/C 304/166) WRITTEN QUESTION E-0464/98 by Allan Macartney (ARE) to the Commission (27 February 1998) Subject: Advisory Committee on Fisheries Can the Commission publish the names of the individuals and trade organizations represented on the Advisory Committee on Fisheries, provide an outline of its work programme for 1998 and indicate the composition of its Bureau and working party membership by policy area? Answer given by Mrs Bonino on behalf of the Commission (27 March 1998) The Commission is sending the information requested direct to the Honourable Member and to Parliamentís Secretariat. (98/C 304/167) WRITTEN QUESTION E-0466/98 by Allan Macartney (ARE) to the Commission (27 February 1998) Subject: Competition rules and television rights for the European Football Championships in 2000 The successful Channel 5 bid for the television rights of the European Football Championships in 2000 means that over 1 million Scots (30% of the population) will be unable to enjoy live coverage of Scotlandís five qualifying matches. Is the Commission aware that the organization which allocated the contracts › the Luxembourg broadcaster, CLT-UFA › has a 29% shareholding in Channel 5? Can the Commission indicate the process by which the rights to broadcast live coverage of the European Football Championships in 2000 were awarded to television companies? Furthermore, has the Commission been asked to rule on whether any aspect of competition rules were breached, as broadcasters in Scotland are reported to have been denied the chance to bid? Answer given by Mr Van Miert on behalf of the Commission (25 March 1998) From the information given by the Honourable Member, the awarding of the contract for the television rights to the Championship by the rights holder, the broadcaster CLT-UFA, to Channel 5, in which it holds a stake of 29%, which, it is said, will result in 30% of the population of Scotland being unable to see live coverage of Scotlandís five qualifying matches, does not appear to be unlawful. The organisers of the European football championship are not bound by the rules of public procurement, which require contracts to be put out to tender. The Commission has received no complaints from disappointed broadcasters that the awarding of the contract breaches the EC Treatyís competition laws. Before any conclusions could be reached on whether there has been an infringement of either Article 85, which deals with agreements restrictive of competition, or Article 86, which deals with an abuse of a dominant position, assessment of the facts relating to the legal and economic circumstances would be required. Even if it could be established that CLT-UFA holds a dominant position in a defined market, the licensing of exclusive broadcasting rights to another company is not likely to give rise to concern under the competition rules unless the duration of the exclusivity granted was excessive or the exclusivity applied to a very large number of rights. Besides it may be that the contract will, in the long run, enhance competition in broadcasting in the United Kingdom since Channel 5 is a relatively new entrant and needs to become established with audiences through showing attractive programming