Vol. 460 No. 5
29 Mr. M. Kitt asked the Minister for Enterprise and Employment if he will request the Competition Authority to investigate the dominant position of Sky television in broadcasting major sporting events; and if he will make a statement regarding any anti-competitive measures involved. [19271/95]
Article 86 of the Treaty of Rome prohibits the abuse of a dominant position within the EU common market or a substantial part of it. By analogy, section 5 the Competition Act, 1991 prohibits the abuse of a dominant position in trade in any goods or services in the State or in a substantial part of the State.
Any firm which has a dominant position in a particular market does not of itself constitute anti-competitive activity. However, bearing in mind rulings by the European Court of Justice, in general, a firm in a dominant position is required and has "a special responsibility not to allow its conduct to impair undistorted competition".
I have no evidence at present to suggest that an abuse has taken place in this area in the State. However, the matter will be kept under review in the context of the new powers of investigation and enforcement being given to the Competition Authority under the terms of the Competition (Amendment) Bill which concluded its Committee Stage last week. I expect the Bill to be enacted at an early date.
The matter raised by the Deputy appears to be primarily an EU transfrontier issue which would be for the European Commission to deal with under EU competition rules. I understand that the Commission have received informal complaints from certain UK based cable operators concerning the manner in which BSkyB supply programming and related services at wholesale level. I understand further that the UK Office of Fair Trading is conducting a review of BSkyB's position in the pay TV market and that the office is separately examining the terms of various agreements to televise sports.
The European Commission are currently monitoring such developments in the matter and have not, at this stage, opened a formal investigation. However, if the Deputy has information that may be of interest to the Commission my Department would be glad to assist him in this respect.
