ACCC Raises Concerns Over Foxtel-Ten Deal

SYDNEY: The Australian Competition and Consumer Commission (ACCC) has outlined its concerns regarding the proposed acquisitions between Foxtel Management and Ten Network Holdings, noting that it believes the deal has the "potential to substantially lessen competition for the supply of free-to-air television services in Australia, particularly in the broadcasting of sports content."

ACCC Chairman Rod Sims said: “The proposed acquisitions may increase the likelihood of Ten and Foxtel entering into joint bids and other commercial arrangements for acquisition of sports rights, to the exclusion of other free-to-air networks. Such arrangements could enhance Ten’s ability to acquire the rights to sports, including premium sports, and could increase the likelihood of more sport being shown exclusively on Foxtel.

“Given the importance of sporting content to a broadcaster’s ability to compete strongly with other free-to-air networks, the ACCC is concerned that the advantage Ten would gain in acquiring sporting content may lead to a substantial lessening of competition in the free-to-air television market, or in the broader market for the supply of television viewing services,” Sims continued.

“The ACCC is also concerned that the proposed acquisitions may reduce competition in the sale of advertising, including by further consolidation in this market, and by removing or reducing competition between Ten and Foxtel for advertising sales.”

Foxtel is proposing to acquire up to 15 percent of Ten, while Ten proposes to acquire a 24.99 percent stake in MCN, a supplier of advertising opportunities on subscription television channels. Ten will also have an option to acquire 10 percent of Presto TV, a joint venture between Foxtel and the Seven Network.

The ACCC is asking for more information from the parties concerned by September 28, and expects to announce its final decision on October 22.