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News Corp’s bid for BSkyB: not just a matter of price

13 September 2010
Access report

News Corp’s bid for the shares it does not own in BSkyB is unlikely to generate much concern at the OFT because newspapers and TV will be seen as being in separate markets

But, separately, the Secretary of State for Business, Vince Cable, is entitled to make a ‘public interest’ intervention that requires the plurality issue to be assessed alongside the competition investigation over the next few weeks

We think that there is a strong case that the transaction does raise substantial issues of ‘plurality’ as defined in the Court of Appeal judgment on the purchase of ITV shares by BSkyB in 2006.1 Whether the new Secretary of State has the stomach for a fight with the company must be open to substantial doubt

Recent reports

Bundesliga auction suspended: DAZN steps up ambitions

24 April 2024

The German football league has suspended its media rights auction after protests by DAZN over the award of the top package.

DAZN surprised the market by aiming to become the Bundesliga’s primary broadcaster.

The situation in Germany reveals the contradictory impulses weighing on leagues at rights auctions.

Access report

AI, press and licensing: Deals for the chosen few

22 April 2024

Big news publishers are pursuing licensing deals with AI companies, chiefly OpenAI. Not all publishers will see a substantial return; while some news may be important for training AI models, not all publisher content will be.

Litigation is a threat point when negotiations stall (see the New York Times), but the copyright status of Large Language Models (LLMs) is uncertain. In the UK, there has been no government intervention (on copyright or otherwise) that could facilitate licensing.

Publishers’ bargaining position is strongest when it comes to up-to-date material that could be important in powering some AI consumer products. They should seek deals to support their journalism, while bearing in mind the risk that new products may get between them and their readers.

Access report

Netflix Q1 2024: Revenues grow as reporting contracts

19 April 2024

Netflix's Q1 revenue was up 15% YoY (to $9.4 billion) bolstered by firm global subscriber growth and the continued momentum of 'paid sharing'. Operating margin is forecast to be 25% across this year (up from 21% in 2023)—approaching the realms of legacy linear media—but transparency will be diluted as the company stops reporting subscribers and ARPU

UK subscriptions and overall engagement are mostly flat; growth by older viewers is masking declines by the young

Even with the strikes driving viewing towards UK content, licensed programming remains a relatively minor factor in Netflix’s library

Access report