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ComReg closes TV3 complaint against RTÉ due to 'insufficient grounds for action'

The complaint was submitted by TV3 in 2008 and the investigation commenced in 2011, assisted by Deloitte.
Jun 21st 2014, 3:56 PM 6,939 7

RTÉ HAS WELCOMED the decision by the Commission for Communications Regulation (ComReg) to close a complaint submitted by TV3.

The complaint submitted related to the abuse of an alleged dominant position by RTÉ/RTÉNL in relation to television transmission and distribution services.

ComReg has decided to close the TV3 complaint “on the basis that there are insufficient grounds for action with respect to each of the alleged excessive and discriminatory pricing abuses”.

Complaint

TV3 submitted a complaint against the national broadcaster which alleged that contrary to Section 5 of the Competition Act 2002 and Article 101 of the Treaty on the Functioning of the European Union (TFEU) RTÉNL engaged in pricing practices that consisted of:

(a) imposing charges on TV3 for the provision of analogue  terrestrial television transmission and distribution (ATTTD) services which are discriminatory in nature, in particular, that the level of charges imposed by RTÉNL on TV3 are discriminatory vis-à-vis the charges levied by RTÉNL on RTÉ1, RTÉ2 and TG4

(b) imposing unfair and excessive prices on TV3 for the provision of ATTTD services in relation to the economic value of the services provided; and

(c) imposing charges on TV3 which are not proportionate to the cost to RTÉNL of providing the services being charged for.

ComReg found that there are “insufficient grounds for action with respect to each of the alleged excessive and discriminatory pricing abuses”.

Information 

It should also be noted that Deloitte’s and ComReg’s assessment of the alleged excessive and discriminatory pricing abuses has been limited by a number of factors relating to the availability of information provided by both parties.

RTÉ said in a statement that they welcomed “the fact that the ComReg investigation is now formally closed”.

The complaint was submitted by TV3 in 2008 and the investigation commenced in 2011, assisted by Deloitte.

Comreg’s full report into the complaint can be read here.

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Christina Finn

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