Home » Serie A and TV rights, the Antitrust opens an investigation into the Tim-Dazn agreement

Serie A and TV rights, the Antitrust opens an investigation into the Tim-Dazn agreement

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The start of the Agcm proceeding

The Authority, reads a note from the Antitrust Authority, “believes that the agreement between Tim and Dazn could lead to significant distortions of competition, in a context characterized by the evolution of the ways in which television services are used towards the internet platform and by consequent benefits for consumers “. Thus, “in consideration of the fact that the sale of offers for the contents of the Serie A football championship has just begun, the Authority has also initiated proceedings for the possible adoption of precautionary measures that will be decided only where, following the outcome of the cross-examination with the parties, it should be found that the behaviors implemented by Tim and Dazn cause serious and irreparable damage to the competition “.

The possible outcome (remedies) and timing

The idea therefore is that, should the outcome of the investigation ascertain restrictive practices, it will lead to imposed “remedies”, such as, for example, the opening to all operators of the possibilities guaranteed to Tim by the agreement with Dazn. The term of the procedure is set for 30 June 2022. Although, according to the mid-June declarations of the AGCM secretary Filippo Arena, something could happen before the start of the championship: “In suitable times with respect to the start of the football championship – Arena said in a hearing at the Tlc commission in the Chamber – if the Authority deems it necessary, it will adopt the initiatives “.

Tim’s report to the Agcm

Antitrust, as mentioned, has long been involved in Serie A and the awarding of rights to Dazn. However, Tim has also moved in recent weeks, addressing the Authority with a report in which the index is pointed at Sky and its campaign that started at the beginning of May and aimed at Sky Calcio subscribers. “At the moment, the context of Serie A TV rights remains of great uncertainty and so we have thought of some initiatives,” wrote Sky. “In this situation of uncertainty, we have decided to cancel the cost of the Sky Calcio package for three months, from 1 July to 30 September”. The telco has thus reported to the Agcm a communication considered misleading when it speaks of “great uncertainty” given that since the end of March – according to the thesis presented by Tim – it has become clear to all the assignment of the rights for Serie A to Dazn. The clash between Tim and Sky is however increasingly bitter, as demonstrated by the initiative that the Comcast-based media company is thinking about which, as anticipated by the Sole 24 Ore of July 8, is thinking of offering a super-discounted price for the its fiber service to its customers.

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Tim’s reply

Timi said she was confident that “following the contradiction with the Authority, all the aspects covered by the proceedings will be clarified, certain that the agreement with DAZN aims to develop competition in the pay-TV market, the vision of the contents in streaming and accelerate the country’s digitization process for the benefit of all customers and telecommunications operators “. In this sense, the telephone company sends back to the sender the findings on the problems related to the technical solutions that according to Antitrust could benefit Tim (“they are available to all operators as long as they support the necessary investments”) and to the possible limitation of Dazn’s commercial freedom ( “This aspect has already been clarified by the attractiveness of the offers already on the market compared to those of previous years”.

Dazn’s replica

Dazn also takes a stand on the investigation. «We remain convinced – reads a note – that this agreement is in favor of competition and the technological development of the country, favoring the use of audiovisual contents in streaming. This procedure obviously does not concern the assignment of the Serie A Tim rights for the next three years. Dazn will therefore be happy to offer all 10 Serie A Tim matches in streaming to all football fans, regardless of the internet operator chosen by consumers. Users will remain free to decide with which operator to access our service, using a wide range of mobile and fixed devices.

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