The Court of Appeal has judged that the Competition Appeal Tribunal erred in law in its rejection of the Ofcom Wholesale Must Offer remedy for premium sports by failing to deal adequately with all of Ofcom’s competition concerns but agreed with the Competition Appeal Tribunal that Ofcom had acted within its regulatory powers Sky’s appeal against the 2010 Ofcom decision will therefore be re-heard at the Competition Appeal Tribunal and we believe the likelihood is that the Wholesale Must Offer remedy will be approved, while the jurisdiction issue may yet have some life if Sky takes its appeal to the Supreme Court The seven year old pay-TV saga is far from over as major changes have occurred in the last four years. Irrespective of the progress of the Competition Appeal Tribunal review, we think it will have little bearing on the outcome of the Premier League auction in light of the strategic objectives of Sky and BT

Operating profits took a dip in H1 2014 as Sky absorbed the £110 million hike in Premier League (PL) football rights, saw marketing spend rise as a result of strong product growth and invested £40 million in its connected TV services

Growth has stayed positive across the range of TV and home communications products, while the new User Interface due to launch in the next few months promises to unlock significant incremental revenues as well as underline the quality of Sky offerings in movies and entertainment

Sky has no time to lose in building on its strengths in content, service quality and customer loyalty as the next PL auction looms towards the end of calendar 2014/first half of 2015, but the strategy appears sound with strong revenue and upside potential

Non-subscribers can download this report in full - alongside all our other coverage of the BBC during the Charter Review process - from the 'BBC Charter Review' page of our site.

The Charter Review of the BBC officially opened with the Culture, Media and Sport Committee’s inquiry into the Future of the BBC asking the question “What should the BBC be for and what should be the purpose of public service broadcasting?” The only obvious answer is that the BBC and public service broadcasting should be for the people of Britain, and the BBC rates highly on different measures of public and audience engagement. The BBC plays an irreplaceable role in the supply of PSB programming that UK audiences appreciate, most importantly news, where the BBC accounts for 70% of TV news time and for 22% of online news time in 2013.

The stress on 21st Century Fox’s Italian pay-TV platform is easing as the worst recession of any G8 country is expected to end in 2014, and competitive pressure from Mediaset is weakening

Sky is sticking to a long term strategy, investing in the (unrivalled) quality of its offering and sustaining high recruitment costs. The subscriber base seems to have levelled off, revenues are stable, but profits have collapsed. Management plans cost cuts to raise profitability by 2016

The upcoming auction for the 2015-18 football rights could see Sky gaining more exclusivity at a higher cost, which it would have to recoup mostly by rising prices. The key potential upside resides in an Italian economic upturn – which is only conceivable in a few years

Richard Desmond’s appointment of Barclays to explore the sale of the Channel 5 Group in 2013 has fuelled speculation over prospective purchasers should Northern & Shell be intent on selling this asset

The reported target of at least £700 million, seven times the £103.5 million paid by Northern & Shell to RTL three years ago, reflects a strong performance in 2013, but needs to be against several distinctive factors, including Channel 5’s near total reliance on advertising and the cross-promotional benefits it gains from the Northern & Shell print publications

Regulatory and strategic considerations suggest that neither ITV nor the pay-TV platform operators, Sky and BT, are likely to emerge as serious bidders and that an overseas group from the US is the most likely outcome if a sale is to take place

2013 has seen yet another year of strong growth in consumer adoption of mobile devices and screens adding to the challenges facing traditional media. Press and radio have long been affected, but television is now starting to feel the heat

BT and Sky’s contest for premium pay-TV sports rights has intensified. August saw the launch of BT Sport, while BT’s acquisition of the European football rights in November was a clear statement of intent, spending half of Channel 4’s total programming budget on approx. 200 hours of content

The UK has seen buoyant advertising growth of around 4% in 2013, with similar growth expected in 2014, in the context of the strongest economic recovery in Europe

The launch of BT Sport and the acquisition of European Champions League and Europa League rights have set the scene for the fiercest of conflicts when the domestic live Premier League rights fall due for renewal by auction in 2015

The scale of BT’s ambitions when translated into spend per percentage share of total viewing across the year are staggering for a national TV industry generating circa £12 billion a year on programming spend of less than £6 billion. The current level of rights payments by BT imply a grand annual total of £100+ billion, if all other parties paid the same rate

So far, BT Sport has performed similarly to Setanta and ESPN in terms of audience share, and with little visible gains since launch in the total estimated base of about 3.5 million households taking BT Sport. However, BT has a long-term vision and 2015 promises to be a crunch year

The Court of Appeal held full day hearings on 5 and 6 December 2013 in response to the appeal by BT against the earlier verdict of the Competition Appeal Tribunal (CAT) published on 12 August 2012 that the core competition concerns that led to Ofcom’s Wholesale Must Offer (WMO) remedy were not justified by the evidence

Although it may take some weeks or months before the verdict is published, the hearing appeared to run in BT’s favour (contrary to what we had anticipated), as the judges seemed convinced that the CAT had made an important mistake in not assessing whether Ofcom’s price proposals were a reasonable response to Sky’s dominance in retailing premium pay-TV sports

It looks as though the Court of Appeal will send the case back, saying that the CAT must now properly examine whether Ofcom’s WMO price levels were set carefully and appropriately. The CAT will not redo Ofcom’s work but rather it will check that its methods were reasonable and well thought through

BT’s case that the Competition Appeal Tribunal failed to address the reasons why the premium sports market works badly will finally arrive at the Court of Appeal tomorrow. We think BT’s chances of success are low, though a win would substantially enhance its competitive position in its battle against Sky BT’s complaint is that it has always wanted to retail Sky Sports channels, however Sky has always been unwilling to wholesale them, thereby resulting in no prospect of effective competition in the provision of premium sports on TV Ofcom implicitly endorsed BT’s position when it introduced the Wholesale Must Offer remedy. However, Sky took its case to the Competition Appeal Tribunal, which overturned Ofcom’s WMO remedy on the grounds of misinterpreting the evidence, only for BT to retort by taking its case to the Court of Appeal, which is to deliver a final verdict on whether BT is disadvantaged by Sky’s alleged anti-competitive behaviour

The UK residential communications sector again had a strong quarter for revenue growth, with reported growth from the top four operators at 5%, or around 4% excluding the one-off impact of extra BT Sport related revenues

Unfortunately cost growth was even stronger, with margins dropping at three of the four largest operators. The aggressive launch of BT Sport has driven up content costs, marketing costs or both for all of the operators

The main issue going forward will continue to be actual and potential disruption relating to BT Sport. Content and marketing costs have likely been set at a new higher level, with further increases possible up to and following mid-2015, when the next Premier League auction is due and BT takes over the Champions League rights