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

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

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

All the recent attention to BSkyB has had to do with the proposed News Corporation takeover and its impact on the share price. For the BSkyB business itself, we think the troubles of News International have so far had very little effect, as there is nothing to link the pay-TV operator Sky directly with the News of the World, the epicentre of the current judicial and political storm. Nothing, that is, apart from the Murdoch factor, which certainly seemed to do no harm to sales of the final News of the World edition on Sunday 10 July which topped 4.5 million.

In our view a bigger concern for BSkyB is the impact of the current squeeze on consumer spending. This may best explain the press release of 8 July, which announced both the launch of Sky Go as an added TV Anywhere extra to Sky customers at no extra cost to their existing packages and the freezing of package prices until 31 August 2012.

Ofcom is entitled to consider whether News Corp is ‘fit and proper’ to own BSkyB’s channels, not the company itself

Precedent suggests that Ofcom will only be able to conclude that News Corp is unfit if the acquiring company’s directors are found guilty of a serious criminal offence. Suspicions, allegations and mistrust are absolutely not enough

We believe that Ofcom will only be able to assess whether News Corp is ‘fit and proper’ to own Sky channels after the transaction is concluded

We expect Jeremy Hunt to announce the fine details of the proposal to give editorial independence to Sky News within the next few days. After a perfunctory further consultation, the regulatory barriers to the purchase of BSkyB by News Corp will be cleared in July

News Corp will need to reach agreement with BSkyB over price and only then can proceed with its proposal for a ‘scheme of agreement’ to take over the company. We expect the purchase to be concluded by about the middle of October if BSkyB cooperates, but early in 2012 if News Corp is forced to use a takeover bid

News Corp can acquire BSkyB while any judicial review of Mr Hunt’s decision is taking place but it runs the very small risk of having to unwind the transaction

In the attached note we present our analysis of BSkyB revenue and cost trends over the five years 2006 - 2010 and our forecasts to 2015

More than a year has passed since News Corp proposed to buy the 61% of BSkyB that it did not already own. With clearance of the proposed transaction now imminent, this note examins the strategic value of the BSkyB acquisition to News Corp. In examining the business prospects of BSkyB it concludes the business is embarked on a high growth trajectory in revenues and operating profits over the next three to four years, putting BSkyB in a good position to face more challenging competitive conditions in the future

We have revised our central case forecasts of total year-on-year NAR (Net Advertising Revenue) growth in 2011 from 5% to 1%, as the advertising outlook has progressively worsened since mid April

2011 is marked by a further round of consolidation in airtime sales and a number of noteworthy channel and programming changes

Channel 4 Sales, and above all its flagship Channel 4, appears the most challenged of the leading market players, while we expect the ITV group to continue to outperform the NAR market in the rest of 2011 and 2012

Sky is managing to sustain strong underlying growth in the face of a challenging retail environment, in which it has maintained strong growth rates in quarterly gross TV additions and home communications products

Revenues were slightly down on the previous quarter, but this was mainly due to the January increase in VAT and seasonal variations in advertising spend, while the results confirmed the company’s strong discretionary control over costs

As the period of peak product additions passes, we can look forward to a strong growth trajectory in operating profits over the next three years

The concept of demerging Sky News is evidently a plausible one and we consider it very unlikely that critics of the deal will have much success undermining its appropriateness as a protection of plurality

However, it is harder to judge whether the proposed implementation secures the channel’s independence as fully and clearly as it might

We outline a series of issues that the information supplied for the public consultation does not appear to deal with. We note, in particular, that the proposed undertakings seem not to block Rupert Murdoch, or members of his family, from buying the 60.9% of the shares in Sky News not to be held by News Corp