EMedia granted interim relief in sports battle with MultiChoice, SABC

THE Competition Tribunal has granted eMedia interim relief against Multichoice, SuperSport and SABC in relation to the television broadcasting of sporting events.

The tribunal said yesterday that it granted an interim relief application by eMedia Investments and its subsidiary, Platco Digital, against MultiChoice SA Holdings, Multichoice, Supersport International and the South African Broadcasting Corporation (SABC).

This comes after eMedia accused MultiChoice of abusing its alleged dominant position by concluding anti-competitive and restrictive sublicensing agreements with the SABC, the public broadcaster.

The tribunal said that eMedia alleged MultiChoice prevented the SABC from broadcasting major sporting events (such as rugby and cricket games – including World Cup tournaments), sub-licensed to the SABC, on the public broadcaster’s channels carried on eMedia’s Openview platform.

In a statement, the tribunal said: “eMedia filed a complaint with the Competition Commission in this regard, and subsequently approached the tribunal for interim relief, that is, to stop MultiChoice from enforcing the restriction in existing sub-licensing agreements or including such restriction(s) in any new sub-licensing agreements until the merits of the case are decided.

“MultiChoice has denied the allegations and opposed eMedia’s interim relief application before the tribunal, arguing that none of eMedia’s complaints had any basis in competition law or fact.“

The tribunal further said that the SABC was broadly supportive of eMedia’s application, though it disagreed with some of e-Media’s contentions.

The tribunal therefore granted eMedia interim relief pending the final determination of its complaint to the commission, or for a period of six months (whichever occurs first).

In terms of the tribunal’s order:

MultiChoice, including its subsidiary SuperSport, and the SABC are interdicted from implementing and enforcing any restriction in the (existing) sub-licensing agreements entered into between them, in terms of which the SABC is prohibited from transmitting or making available the sub-licensed broadcasts of sport events on platforms owned or operated by eMedia through its Openview channel; and

MultiChoice, including its subsidiary SuperSport, and the SABC are further interdicted from including restrictions which prohibit the SABC from transmitting or making available sub-licensed broadcasts on platforms owned or operated by eMedia (through Openview) in future sub-licensing agreements concluded between them relating to the broadcasting of sporting events.

The tribunal said the reasons for its decision will be issued in due course.