The Application of Competition Law in the Communications and Media Sector: A Survey of 2010 Cases

There have been a number of high profile cases in the communications and media sectors throughout 2012, many of which have seen the boundaries of competition law and sectoral regulation tested in the context of fundamental changes in the underlying technology used to deliver services to customers. The acquisition by H3G Austria of Orange Austria has been seen as an important test of the Commission's approach to mergers in the telecommunications sector as operators transition to next generation networks. At the Member State level, the outcome of Sky's appeal of Ofcom's consultation on the UK pay-TV sector has tested the boundaries of national licensing provisions and the application of the principles behind Article 102 TFEU. Most favoured nation' agreements appear to be moving rapidly up the European Commission's behavioural enforcement priority list.