Final Report of the Hearing Officer (Pursuant to Articles 16 and 17 of Decision 2011/695/EU of the President of the European Commission of 13 October 2011 on the function and terms of reference of the hearing officer in certain competition proceedings (OJ L 275, 20.10.2011, p. 29).) Case AT.40023 – Cross-border access to pay-TV – Withdrawal (Text with EEA relevance) 2021/C 184/06
Date: 2021-03-18
Institutions: Directorate-General for Competition, European Commission
Subjects: EU competition policy, audiovisual industry, broadcasting, control of restrictive practices, pay television, provision of services, regulation of telecommunications, restriction on competition








C_2021184EN.01000601.xml










12.5.2021   


EN


Official Journal of the European Union


C 184/6






Final Report of the Hearing Officer (1)

Case AT.40023 – Cross-border access to pay-TV – Withdrawal
(Text with EEA relevance)
(2021/C 184/06)
The draft decision, addressed to The Walt Disney Company, The Walt Disney Company Limited, Comcast Corporation, Universal Studios International B.V., Universal Studios Limited, Sony Group Corporation, CPT Holdings Inc., Colgems Productions Limited, Warner Media LLC, Warner Bros. International Television Distribution Inc. Sky Limited and Sky UK Limited (together ‘the parties’), concerns the withdrawal of the Commission’s 2019 Decision in Case AT.40023 – Cross border access to pay-TV (the ‘2019 Decision’) (2) that made certain commitments binding on the parties.
On 21 January 2021, the Directorate-General for Competition wrote to the parties, informing them that it was considering proposing that the Commission withdraw the 2019 Decision and discharge the monitoring trustees from their obligation to monitor compliance with the commitments (‘21 January 2021 Letter’), in light of the judgment in Case C-132/19 P (3) that annulled the commitments in the Commission’s 2016 Decision in Case AT.40023 – Cross border access to pay-TV, (4) that were essentially identical in scope to the commitments in the 2019 Decision. The 21 January 2021 Letter invited the parties to submit any observations regarding the potential withdrawal of the 2019 Decision by 5 February 2021. None of the parties objected to the withdrawal of the 2019 Decision.
I consider that all parties have been able to effectively exercise their procedural rights in this case.

Brussels, 18 March 2021.

Wouter WILS




(1)  Pursuant to Articles 16 and 17 of Decision 2011/695/EU of the President of the European Commission of 13 October 2011 on the function and terms of reference of the hearing officer in certain competition proceedings (OJ L 275, 20.10.2011, p. 29).

(2)  Commission Decision of 7 March 2019 relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the EEA Agreement (Case AT.40023 — Cross- border access to pay-TV), C(2019) 1772 final (OJ C 132, 9.4.2019, p. 8).

(3)  Case C-132/19 P - Groupe Canal + v Commission, EU:C:2020:1007.

(4)  Commission Decision of 26 July 2016 relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the EEA Agreement (Case AT.40023 — Cross- border access to pay-TV), C(2016) 4740 final (OJ C 437, 25.11.2016, p. 5).