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TV rights, Football League Guidelines rejected 2018-2021 allocations


PRESS RELEASE


 

By resolution adopted on 25 January 2017, the Italian Competition Authority decided not to approve the Guidelines for the joint selling of audio visual rights for Serie A football matches and other competitions organised by the National Professional Soccer League for the 2018/2019, 2019/2020 and 2020/2021 seasons. The Guidelines provide a broad-base description of the criteria for package creation, therefore the Authority did not consider it possible to express any compliance assessment as of the criteria themselves with the provisions of Legislative Decree no. 9 of 9 January 2008, and Law no. 287 of 10 October 1990. No reading of the Guidelines permits to verify whether the definition of packages – subsequently made effective by the Football League – is suitable or not to provide the participants in the competition procedures carried out by the National Professional Soccer League with conditions of fairness, transparency and non-discrimination, so as not to compromise competition on TV media and radio markets, for which the audio visual rights of the top Italian football series appear to be key, if not crucial. On the basis of the inadequate description of the criteria to be used for the creation of the packages meant to be sold, the Authority detected further critical issues, as regards some rules on bidding and awarding, in contradiction with the provisions of Article 6, paragraph, 1 of Melandri Decree. The Authority found that the Guidelines drawn up by the National Professional Soccer League, with respect to the rules for the tender procedure and the relationship with the assignee are in contradiction with the principles set out in Article 6, paragraph 1, of Legislative Decree no. 9 of 9 January 2008. As to the tender rules, the Authority observed that the information about the subjects who may participate to the awarding procedures is poor. This element of uncertainty is likely to lead to unjustified discriminations. The Authority also considered that the cost to access to the signal should be oriented to the actual cost for the implementation, so as to avoid increases. Due to these concerns, the Authority could not approve the 2018/2019, 2019/2020 and 2020/2021 Guidelines, as far as they are found to be non-compliant with the principles set out in Article 6 of Melandri Decree aiming at guaranteeing ‘conditions of absolute equity, transparency and non-discrimination’ to participants in competitive procedures.

Rome, 26 January 2017