WRITTEN QUESTION No. 466/98 by Allan MACARTNEY to the Commission. Competition rules and television rights for the European Football Championships in 2000
Date: 1998-02-27
Institutions: European Parliament, MACARTNEY
Subjects: EU law, Scotland, broadcasting, free movement of programmes, restriction on competition, sporting event, television

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 Parliament(cid:146)s
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  Scotland(cid:146)s  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 Scotland(cid:146)s
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 Treaty(cid:146)s 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.