According to RTI, Sky purchased the rights to broadcast the events of the 2010 FIFA World Cup breaching the prohibition imposed by the “Undertakings” that the pay-TV signed with the European Commission in 2003 within its establishment.
At first, RTI also asked the Court of Arbitration, as a matter of urgency, to make such rights available to other television operators before the start of the World Cup. After that failed, RTI asked for compensation for damages deriving from the missed broadcasting of the World Cup within its pay offer Mediaset Premium.
The Court of Arbitration denied that the rights to broadcast the World Cup fall within the enforcement of the undertakings because as they concern an event that is not essential for the competitiveness of a competing television operator. The Court therefore confirmed the full legitimacy of Sky’s behavior, completely rejecting the claims submitted by RTI.