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

Last week Enders Analysis interviewed David Elstein. Elstein is leading a team attempting to put in place a new management at ITV in the event that the merger is allowed by the Competition Commission. This note carries his views on the remedies likely to be imposed by the Commission and also on the scope for cost savings and improvements in business strategy at the merged group.

The public debate about the ITV merger has revolved around whether the maintenance of two separate sales houses is the appropriate remedy to be imposed by any Competition Commission inquiry. We argue that the real issues are more complex.

This report picks apart the evidence on why ITV1 is rapidly losing audience share. It shows that more intense competition in terrestrial homes is the key reason, not the impact of the growth of the multichannel universe. The decline of ITV1 is across all times of day and almost all demographic groups. Can ITV turn itself around in the face of this secular decline in audiences?