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Investigation into a complaint by Virgin against Sky in relation to the contract for wholesale supply of Sky Sports 1 and 2 HD

CW/01060/11/10

Complainant: Virgin Media Inc (Virgin)
Complaint against: British Sky Broadcasting plc (Sky)
Case opened: 13 December 2010
Case closed: 16 March 2011
Issue: Ofcom opened an investigation to consider a complaint submitted by Virgin in relation to the terms of wholesale supply by Sky to Virgin of Sky Sports 1 and Sky Sports 2 HD.
Relevant Instruments: Conditions 14A and 17 of the Television Licensable Content Service (TLCS) licences for Sky Sports 1 and 2 HD, Sections 316 and 317 of the Communications Act 2003, section 4 of the Broadcasting Act 1990, Ofcoms Pay TV Statement dated 31 March 2010 and the Competition Appeal Tribunals Order dated 29 April 2010 1152IR BSkyB.

On 24 February 2011 Ofcom issued a Draft Decision to the parties. On 16 March 2011 Virgin withdrew its complaint. Ofcom has therefore closed the case.

Scope of the investigation

The scope of the investigation is to determine whether, by including in the reference offer a wholesale price for the HD version of Sky Sports 1 and Sky Sports 2 that is calculated on a per-device basis, Sky has breached Condition 14A of its Television Licensable Content Service licences.

Case Leader: Will Hayter (email: will.hayter@ofcom.org.uk)
Case reference: CW/01060/11/10

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