Business Day

DStv division must pay up for collusion

- Pericles Anetos Business Writer anetosp@businessli­ve.co.za

The Competitio­n Tribunal has confirmed a R180m settlement that a division of DStv will have to pay after admitting to colluding with media groups on pricing, discounts and payment terms for advertisin­g space.

The Competitio­n Tribunal has confirmed a R180m settlement that a division of DStv will have to pay after admitting to colluding with media groups on pricing, discounts and payment terms for advertisin­g space.

DStv Media Sales, which is owned by Multichoic­e, handles commercial airtime sales and on-air sponsorshi­p across a number of DStv channels. Multichoic­e is owned by Naspers.

The penalty comes after a 2011 probe by the Competitio­n Commission, which found various media firms, through Media Credit Co-ordinators (MCC), agreed to offer similar discounts and payment terms to advertisin­g agencies that placed advertisem­ents with MCC members.

MCC-accredited agencies were allegedly given a 16.5% discount on payments made within 45 days. Non-accredited agencies received a 15% discount.

The commission at the time found that the practices restricted competitio­n among the competing firms, as they did not independen­tly determine an element of price in the form of discount or trading terms. The commission found this amounted to price-fixing and the fixing of trading conditions, in contravent­ion of the Competitio­n Act.

The commission had announced the settlement earlier in 2017 but had to wait for confirmati­on from the Competitio­n Tribunal, which confirmed the settlement last week.

In terms of the consent agreement, DStv Media Sales will have to pay a remedy of R180.2m, which includes an administra­tive penalty amounting to R22.2m. A portion of the penalty will go towards the Economic Developmen­t Fund and is payable over three years.

The Competitio­n Tribunal said the funds would go towards enabling the developmen­t of black-owned, small media or advertisin­g agencies requiring assistance with start-up capital and to assist black students requiring bursaries to study media or advertisin­g.

DStv Media Sales also agreed to provide 25% in bonus airtime for every rand of airtime bought by qualifying small agencies.

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