BSkyB’s complaints to the Independent Television Commission (ITC) that ITV is acting anti-competitively in refusing to supply its channels to the Sky Digital service have not been upheld by the watchdog.
ITV’s new digital channel, ITV2, is not available through Sky Digital because the Network is refusing to make a deal with Sky for carriage of any of the ITV services. In November last year, BSkyB complained to the ITC that this was against ITV’s remit of offering maximum availability. Reacting to this, ITV accused Sky of trying to dominate the emerging digital television market (see ‘BSkyB Is Trying To Dominate The Future Of Digital Television’, Says ITV Chairman).
The ITC has decided that ITV is not acting anti-competitively in the light of current marketplace conditions. The Commission says it will continue to reassess the situation. A spokesperson for Sky said that the company is disappointed with the ITC’s decision and that Sky will continue to put its case to the regulators.
The Office of Fair Trading is currently considering whether ITV’s main service should be carried through Sky Digital, despite the Network’s reluctance to do so (see OFT Becomes Involved In Digital War). A ruling from the OFT is expected in a matter of weeks.
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