The Court of Appeal’s (CA) dismissal of Sky’s second attempt to overturn the Competition Commission’s (CC) decision that it must reduce its 17.9% shareholding in ITV to below 7.5% makes it increasingly probable that Sky will comply with the CC ruling at some point during 2010/2011

Although the CA’s dismissal of Sky’s appeal has always seemed the likely, even if never certain, outcome, the extra time consumed has so far benefited Sky greatly as the ITV share price has recovered from a low of below 20p in March 2009 to around 60p in January 2010

Sky’s share purchase was seen by ITV and others as unwanted interference in ITV’s affairs, but there was no suggestion of interference during the whole period of review by the competition and judicial authorities, while the outcome suggests that any future interest shown by other leading UK TV media players will probably also raise tough competition issues

Ofcom’s plan to review commercial airtime rules in 2010 with an emphasis on deregulation clashes with the Competition Commission’s provisional decision to retain the Contract Rights Renewal remedy (CRR) as it is, other than to extend the ITV1 definition to include staggercast and HD variants

The core issue is that it is impossible to address UK commercial airtime rules in isolation from CRR, which strongly motivates all parties to sell 100% of their commercial airtime inventories, and is seen by many as exerting a strong deflationary pressure on TV advertising spend

Even without CRR, the Ofcom aim of being in a position to effect change from the start of 2011 looks optimistic. Increasingly, it seems that meaningful relaxation of the existing rules will require primary legislation in order to circumvent the continuing competition issues that have led to CRR

After two quarters that have fallen short of earlier guidance, TF1 Q3 results have at last met more subdued investor expectations of marginal growth in flagship TF1 channel advertising revenues in a total market expected to increase by about 4.5% in 2007, chiefly due to digital growth

ITV plc set itself the annual target of 3-5% revenue growth up to 2010, then 5% to 2012, in its strategy presentation on September 12th 2007. Within the overall business growth target, ITV set itself a further three sub-targets. Two of these, the doubling of production revenues (currently in the region of £600 million per annum) by 2012 and the fivefold increase in online revenues from about £30 million in 2007 to £150 million in 2010 raised a good few eyebrows to judge by reactions afterwards; but the third target of 38.5% adult SOCI (share of commercial impacts, or ‘eyeballs delivered to advertisers’) by 2012 has drawn almost no attention

BSkyB’s 17.9% shareholding in ITV is likely to lead to a substantial lessening of competition in the all-TV market, according to the provisional findings of the Competition Commission (CC) investigation announced on 2nd October 2007

The Office of Fair Trading (OFT) has confirmed receipt of a formal request from ITV plc for a review of the Contract Rights Renewal (CRR) remedy and will announce its decision whether to proceed before the year is over

On 27th July the BBC will open access to the iPlayer to UK internet users, en route to a hard launch later this summer. This PC-based application allows the user to download BBC TV content after broadcast to view on the PC for a limited time, and provides a TV-like display on the PC. Delays to the launch will mean the iPlayer enters a field already crowded by other broadcasters, including Channel 4's 4oD service, ITV's broadband portal, Sky Anytime, as well as content aggregators such as Joost and Babelgum (both currently in beta)

Using a little understood provision of the merger rules, the government has asked Ofcom to take a look at the Sky stake in ITV, just in case the OFT did not come up with the right answer the first time round. As a result of the intervention, Ofcom will decide whether the share purchase reduced the number of separately managed broadcasters in the UK. Since this is almost exactly what the OFT is already doing, it is impossible to see how Ofcom could reach a different conclusion to the OFT. In this sense, the intervention has little point