ACCC cites serious concerns over sports rights and sales as it delays Ten and Foxtel merger

Ten Logo 3D High ResThe Australian Consumer and Competition Commission has said it is worried Foxtel’s proposed acquisition of 15 per cent of Network Ten would “substantially lessen competition” for increasingly important sports rights, as well as in ad sales in the market.

In a statement of issues released today to competition watchdog has said any agreement could see Ten and Foxtel enter into “joint bids and other commercial arrangements for acquisition of sports rights, to the exclusion of other free-to-air networks” boosting Ten’s ability to acquire sports rights and ultimately “increase the likelihood of more sport being shown exclusively on Foxtel”.

Foxtel made a move to buy 15 per cent of the third placed free-to-air network in June after the government’s refusal to change ownership laws stopped it making a full takeover bid, although rivals expressed concerns it would lead to a weakening of competition in the market.

In a statement on today’s release of a statement of issues ACCC chairman Rod Sims said: “Given the importance of sporting content to a broadcaster’s ability to compete strongly with other free-to-air networks, the ACCC is concerned that the advantage Ten would gain in acquiring sporting content may lead to a substantial lessening of competition in the free-to-air television market, or in the broader market for the supply of television viewing services.”

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