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The transaction size means that the OFT was obliged to examine BSkyB’s purchase of the VMtv channels. The transaction will probably be approved because of the small impact on Sky’s share of NAR (Net Advertising Revenue), which will rise from around 14% to 16%

The more pressing competition concern, which has attracted little attention, is Sky’s growing market power in the determination of carriage fee payments. Nevertheless the lack of companies actively prepared to complain to the OFT probably means that the transaction will go through without a murmur

Separately, the likely purchase of Five by Richard Desmond raises regulatory issues to do with the possible reduction of media ‘plurality’. The Sky/VMtv transaction and Channel 4’s taking over UKTV advertising sales also places Five Sales in a significantly weaker position, but any attempts to join with one of the big three sales groups (ITV, Channel 4 or Sky) may well be rejected by the competition regulators

Vodafone Europe’s revenue growth again notched up, increasing by 0.7ppts as reported or 0.3ppts in underlying terms, with minutes volume growth accelerating by 1.8ppts

This is a little disappointing in the context of the rate of reported GDP recovery, but consumer confidence, particularly in Southern Europe, has re-dipped in the last few months, making raw GDP figures less relevant than they once were

Data revenue is forging ahead, but voice pricing is steadily weakening, and with many offers linking voice, text and data into an inseparable bundle the former may be causing the later, implying that data’s contribution to overall revenue is easy to overestimate

 

BT’s launch of Sky Sports should help reduce customer churn to Sky and other competitors, although we expect the extent of ‘win back’ to be modest

The financial impact on BT should be positive but of limited significance at group level due to the negative margin involved on the Sky Sports element of the bundle

Sky is likely to deploy a number of countermeasures that may negate some of the benefits to BT

On 2 July News International switched Times online from a free to a subscription service, probably losing at least 90% of its traffic and shifting its strategy from reach and scale to a more traditional targeted brand and loyalty model

The challenges are substantial: while the Times is competitively advantaged with a strong roster of star writers and columnists, NI knows news itself is more commoditised than other content types, and most newspaper and broadcaster sites have been giving away news for a decade

News Corp may well realise the most benefits from the Times subscription service in a larger convergence play, aggregating audiences across group services such as Sky pay-TV and broadband, Sky News and the Wall Street Journal

 

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

There were approximately 18.7 million fixed broadband lines in the UK at the end of March 2010 including those used by small and medium enterprises (SMEs)

Year-on-year subscriber growth in Q1 increased for the first time since the early years of the industry, although the increase, from 5.7% to 5.9% was very slight. In our view it should be interpreted as a stabilisation

Looking at net additions in the quarter, Q1 saw the sequential growth drop back to a more normal level of 9% after the 54% spike in the previous quarter, but year-on-year growth, at 21%, was the first really substantial increase since Q3 2005, when market growth was coming to the end of its exponential phase

Subject to BBC Trust approval, Canvas looks almost certain to launch in spring 2011 after the OFT decided that it did not have the jurisdiction to review Canvas under the merger provisions of the Enterprise Act 2002. The OFT decision does not rule out complaints on other grounds, but the chances of persuading the regulators look very small

The launch of Canvas promises to strengthen significantly the free-to-air digital terrestrial platform, otherwise very limited compared with satellite and cable platforms in terms of bandwidth, but mass adoption poses numerous challenges and it is open to question whether Canvas will ever extend to more than half the DTT base

In the long term, it is hard not to see Canvas as an interim step in the growing convergence between the TV screen and the internet, raising the question of how successfully its PSB TV-centric approach can adapt to the coming challenges of the full blown digital age

Vodafone Europe’s organic revenue growth improved again, from -3.2% to -2.4%, with it enjoying a fair share of the improvement in mobile market growth driven by improving economies across Europe

EBITDA margin fell, partly as a result of weak cost control but mainly because SAC/SRCs rose as Vodafone subsidised consumers getting more expensive handsets, which involves a short term (but not long term) profitability hit

Vodafone Europe could move back into positive revenue growth this year as it rides the wave of market recovery, but short term margin targets will be hard to hit as handset subsidies continue to rise

 

 

Sky Q3 2010 adjusted revenues showed strong year-on-year growth of around ten percent in the year to date (10.7%), and in the third quarter (11.1%), marked by strong product sales into its existing subscriber base, especially in HD, but also solid progress in broadband, telephony and line rental

The rise in revenues was more than matched by a rise in costs (up 11.7% in the first nine months); however, this was largely accounted for by a one-off rise in programming costs in the wake of Setanta’s departure in June 2009 and upfront HD investment and direct network costs associated with the strong growth in product take-up

Once the HD and direct network investment costs driving product growth have washed through, Sky appears well on track to deliver operating margin growth into the upper twenties for its TV business and into the high single digits for its telecoms business; which we expect to experience little direct material impact in the next five years from the implementation of the Ofcom wholesale must-offer remedy

 

Implementation of Ofcom’s wholesale must-offer (WMO) remedy for Sky Sports 1 and 2 is to proceed while the Competition Appeal Tribunal (CAT) hears Sky’s appeal, but subject to conditions which include restricting it to three parties: Virgin Media, BT and Top-Up TV

The settlement marks an important concession by Sky on the principle of enforced wholesale, and seems implicitly to reduce the WMO issue to one of price

DTT viewers should now be able to access live Premier League and other premium sports action on Sky Sports 1 and 2 from the start of the 2010/11 football season; but the ability of BT and Top-Up TV to capitalise depends on several factors, among them the possibility of Sky launching Picnic should it satisfy Ofcom’s limited preconditions for that service