The European Court of Justice (ECJ) judgment in the Portsmouth pub landlady case looks to have opened the door to legitimising the private or domestic use of decoders to watch premium sports and other pay-TV content outside the territories for which they were licensed

The outcome could prove to be a significant commercial opportunity for Sky to expand its overseas distribution among residential customers, but an extra test for the Football Association Premier League (PL) as it designs the next round of contracts with a view to at least maintaining current revenues

The ECJ judgment is more ambiguous over the question of public screenings for commercial purposes against the wishes of the right holders and the conclusion appears some way off

In the context of his Inquiry, Lord Leveson invited Claire Enders, as “one of the UK’s foremost media business analysts”, to kick off the seminar series on the 6 October with a synoptic presentation on “Competitive pressures on the press”. The Inquiry is interested in understanding the market economics of the mainstream media, including the impact of technology

This presentation brings together our existing work on the newspaper and consumer magazines industry, with an emphasis on the former, highlighting the challenges to the print media of the internet

A video transcript of Claire’s presentation and the debate on the session’s subject of “Competitive pressures on the press and the pressures on journalism”, may be accessed on the site of the Leveson inquiry, at www.levesoninquiry.org.uk

Advancing its free-to-air TV project, France’s Canal+ is to buy Bolloré TV’s national channels for €465 million to gain (scarce) licences for FTA terrestrial broadcast

Canal+ plans to leverage its library of original programming to attract upscale audiences, neglected by commercial rivals

However, the Vivendi investment case of a 9% return on capital is built on incompatible assumptions about profit margins and market share – to grow the latter in a mature market, a channel needs to sacrifice the former

The provisional findings of the Competition Commission’s (CC) investigation into pay-TV echoed the conclusions of the Ofcom pay-TV investigation in April 2010, concluding that Sky’s control of pay-TV movie rights was having an adverse effect on competition

The big difference between the CC and Ofcom lies in the choice of remedy, with the CC preferring to explore a range of other options rather than proceed with Wholesale Must Offer, a solution that the CC sees as entrenching Sky’s market power rather than undermining it

The three remedial options that the CC has decided to explore present significant issues and it seems unlikely that a solution will be in place before 2014

In this presentation we show our analysis of revenue growth trends for mobile operators in the top five European markets (UK, Germany, France, Italy and Spain). The historical analysis is based on the published results of the operators, although they include our estimates where their data is inconsistent or not complete. A copy of the underlying data in spreadsheet format is available to our subscription clients on request

In this presentation we show our analysis of trends in UK broadband and telephony to June 2011, based on the published results of the major service providers. This quarter’s edition includes a first look at high speed broadband subscriber volumes, and our analysis of broadband growth in 2010 based on data recently released by Ofcom.

Highlights for the year 2010 include confirmation of our earlier estimate of a sharp increase in residential subscriber growth, and, despite this, the first ever decline in revenue from residential broadband, due to aggressive pricing of broadband/telephony bundles.

Highlights for the 2011 June quarter include broadband subscribers breaching the 20 million mark, a further decline in broadband market growth, continuing strong broadband subscriber growth at BSkyB and BT Retail, the first ever quarterly declines in cable broadband subscribers and LLU lines, and the first increase in BT Wholesale broadband net additions for four and a half years.

After strong underlying improvements in growth and profitability in 2010, in H1 2011 H3G Europe’s service revenue growth was steady at 3% and margins only slightly improved to (underlying) EBIT breakeven

In the UK, service revenue growth accelerated to 7% (from -1% in H2 2010), with EBIT maintained at about breakeven, as the UK company’s ongoing strong contract subscriber growth fed through

Italy suffered roughly the opposite fate, with service revenue growth falling to -8%, as its recent subscriber losses fed through, and EBIT remained firmly negative

Fiscal 2011 was a vintage year for Sky, which reported a 23% growth in operating profit and 51% increase in free cash flow as it started to reap the full benefits of its investment in multi-product growth

Q4 2011 showed signs that tougher economic conditions are starting to bite, although the sharp fall in TV product additions was balanced by a fourth consecutive bumper quarter in home communications, in which Sky outperformed the rest of the market

Strong focus on operating efficiencies and product innovation combined with big investment in UK originated content should position the company well as competitive pressures build in the medium- to long-term, at the same time as allowing continuing strong profit growth

VMed’s Q2 results were respectable, but quirky, with resilient underlying revenue and strong cash flow, but exceptionally weak cable volumes

Virgin Mobile is performing better than ever, but steam continues to seep from the cable cash flow boiler

A TiVo push and further progress at Virgin Media Business are still to come, but we expect a trend of gradual decline in fundamental cash flow growth

Vodafone Europe’s service revenue growth dropped by 0.5ppts to -1.3% in the June quarter, although most of this was due to a sharp MTR cut in the UK

Revenue in Spain was very weak due to a price re-adjustment, but trends elsewhere were broadly positive, with voice minutes growth improving overall

Medium term prospects are good, with MTR cuts fading, competitive performance improving and data growth likely to re-accelerate, but we expect declining growth in Turkey to drive a worse performance in the short term