BSkyB has lost its appeal at the Competition Appeal Tribunal in regard to the Competition Commission’s decision to force the broadcaster to reduce its shareholding in ITV to less than 7.5%.
In a report published last December, the Competition Commission concluded that Sky’s shareholding in ITV may be expected to give rise to a substantial lessening of competition, and recommended that Sky’s holding should be reduced to a level below 7.5%. The Secretary of State was responsible for the eventual decision on remedial action, but agreed with the Commission’s recommendation. BSkyB challenged the Commission’s conclusions on jurisdiction, competition and remedial action, and also challenged the Secretary of State’s decision on remedies.
The Tribunal also rejected an appeal by Virgin Media against the remedy imposed, but allowed Virgin Media’s appeal in relation to the interpretation of the media plurality regime.
Rupert Anderson QC and Elisa Holmes acted for the Secretary of State.
John Swift QC, Daniel Beard and Rob Williams were counsel for The Competition Commission.
For more information on the case, click here.