FAPL TV rights: a winter of discontent for regulators, non-UK european viewers and the English pubs

Published 03 September 2012 By: Stephen Hornsby

It will not have passed notice even in this glorious summer of sporting action that there have been some significant developments in the televising of FAPL matches. Only this month, Ofcom suffered what looks to have been a total wipe-out in front of the Competition Appeal Tribunal in its attempt to regulate the wholesale prices that Sky charges to the likes of BT and Virgin. The judgment in Sky's favour has yet to be published as the many parties are arguing about alleged breaches of confidentiality. However, it appears clear enough that Ofcom lost on the facts. This will make it very difficult for the regulator to mount a successful appeal. Sky therefore looks to have seen off this particular threat to its business model. Where that puts Ofcom's five years of effort is another matter altogether.


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Stephen Hornsby

Stephen Hornsby

Stephen is a competition and EU specialist now a partner at Goodman Derrick LLP - first became involved in the application of law to sport when advising Newcastle United on the Bosman case. Since then, he has acted in a number of major regulatory and litigious matters in sports ranging from baseball to rugby union.

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