1. EU Sports Law and Policy Summer School
5th July 2018
Media Rights, EU Digital Single Market and Sport
Dr. Andrea Cattaneo
edgehill.ac.uk

2. Sport Broadcasting

3. Owners
Products
Broadcasters
Content
Consumption
Live
Broadcast
Free-to-Air TV
Delayed
Broadcast
Pay TV
Highlights
Pay Per View TV
Archive

4. Collective Selling of TV rights
Article 101 TFEU: prohibits Agreements between undertakings that have object/effect of restricting competition on the market
Article 101(3) TFEU: agreements may be exempted if (1) contribute to improving the production or distribution of goods; (2) restriction is proportionate; (3) restriction does not eliminate competition; (4) consumers receive a fair share of the benefit
2003 European Commission Approval and UEFA Commitments – no single buyer rule?

5. Collective Selling of TV rights
Problems
From the 2009 – 2012 cycle, UEFA sells the rights on a platform neutral basis. Successful bidders will be awarded exclusive rights on all the platforms.
No Single-Buyer Rule has to be applied in relation to the relevant market
BT Deal BT has successfully acquired all the packages of Champions League Media Rights available for the British market.
No subdivision in packages
No “No single-buyer rule “

6. EU Digital Single Market
The impact of internet and digital technologies
4 Freedoms under EU law + Free movement of Data
A real single market can only be accomplished if goods can circulate freely – regardless of where they come from or they go within the EU
Copyright; Geo-Blocking; E-commerce; Data Protection .

7. DATA
Market for Data is a two-sided market – main business objective is to sell advertising space
Consumers > FACEBOOK > Data sold on the advertising market
Accumulation of personal data leads to concerns
General Data Protection Regulations
Data controllers need to process personal data in a lawful, transparent and fair way
How does the GDPR apply to Sporting Bodies?

8. Copyright No harmonised rules on Copyright in the EU
Copyright includes right of distribution (InfoSoc Directive) - Even if copyright is national, exhaustion doctrine still applies
Communication to the public is subject to the country of origin principle – however exclusive licenses and encryption may frustrate the principle
Enforcement Directive requires protection of copyright – “MS must apply effective, dissuasive and proportionate remedies and penalties against those engaged in counterfeiting and piracy and so creates a level playing field for right holders in the EU."

9. Live Matches in Pubs
Some pubs have resorted to showing games via international satellites due to increasing cost
The FAPL vigilant in pursuing ‘unauthorised’ screening of matches.
Murphy v MPS Ltd [2007] and FAPL Ltd v QC Leisure [2008] Prosecutions for breach of copyright and unauthorised decoders - Defence based on Art.56 TFEU freedom to provide services and Art.101 TFEU anti competitive practices
C-429/08 Karen Murphy v MPS Ltd [2012] 1CMLR 29 – prohibition of absolute territorial exclusivity

10. Copyright, Portability and Geo-Blocking
In the absence of a EU-wide framework, the only solution to favour integration into a single market is multi-territorial licences.
Portability of online content services (COM ) – to enable users to access online content services legally purchased in their home MS whilst temporarily in another MS
Portability ≠ Geo-Blocking
Online sellers deny access to a website based on the user’s location
EU Commission: content providers restrict access through contractual arrangement with right holders
Ban on unjustified geo-blocking

11. E-commerce
Relatively low cross border on-line shopping by consumers and SMEs don’t take advantage of cross border sales opportunities.
EU Commission and National Competition Authorities have started to use Competition law, against online selling arrangements
PING – Competition and Market Authority (UK) – ban on online selling (on-going)
NIKE – EU Commission – restriction on cross-border and online selling (on-going)
ASICS and ADIDAS – Bundeskartellamt (D) – selective online distribution system, search engines and online marketplaces

12. Any Questions? EU Sports Law and Policy Summer School
Dr. Andrea Cattaneo
edgehill.ac.uk