CMA to review British Sky Broadcasting merger remedy
March 10, 2023
By Colin Mann
The UK’s Competition and Markets Authority (CMA) is consulting on whether undertakings given by British Sky Broadcasting Group remain appropriate or need to be varied, superseded or released.
The consultation will review merger undertakings given by British Sky Broadcasting Group plc in 2001 following a transaction in which it increased its shareholding of British Interactive Broadcasting Holdings Ltd. This review follows a request from Sky UK Ltd that the CMA reviews the undertakings.
The CMA consulted on whether to launch a review in an Invitation to Comment, published on January 30th, 2023, which closed on February 17th, 2023. No responses were received.
The purpose of this review is to determine whether, as a result of any change in circumstance, the undertakings given by Sky in 2001 are no longer appropriate and need to be varied, superseded or released. It will not address any other matter relating to the business of Sky.
The CMA says it is keen to receive relevant evidence from interested parties to help us reach a provisional decision on whether there has been a relevant change in circumstances which means that the undertakings should be varied or released.
Respondents should provide their views supported with relevant evidence where possible, in writing to the CMA by 5pm on March 31st, 2023. It will then consider the views and evidence received before reaching and consulting on a provisional decision.