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

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

The News Corp management has given Sky Deutschland a full and costly revamp in 2009, leading to a steep year on year increase in negative EBITDA of around €200 million

Underlying trends of improvement in net subscriber additions, ARPU growth and churn reduction, assisted by its HD offer, suggest that Sky management will get close to, if not actually meet, its 2011 breakeven target

However, there are significant downside risks in the historically tough German pay-TV market, and robust profitable growth beyond 2012 presents a real challenge

Despite the recession, in 2009 the French broadband market added 1.8 million connections to reach 19.6 million, but we expect the deceleration in growth to persist in 2010

Orange’s leading position weakened further in Q4 2009, despite retail price cuts, and we expect a further decline in market share in 2010, impacting FT’s top-line

SFR was the star performer of 2009, although its Ebitda margin has improved slightly. Iliad remains the ‘best in class’ in terms of profitability, but must address high churn at Alice. Bouygues’ fixed line début was an impressive splash – at a cost

Kangaroo, the BBC/ITV/Channel 4 VOD project, looks unlikely to see the light of day any time soon, based on the Competition Commission’s (CC) provisional findings announced on 3rd December

The consultation period for the second phase of Ofcom’s Second Public Service Broadcasting Review closes on 4th December 2008. The central issue before Ofcom is that the current PSB model is broken, lacking the flexibility to “adapt to audiences’ evolving needs”. The primary concern lies with the commercial sector, which is under increasing strain to deliver its PSB commitments due to structural changes in the television medium that have been compounded by the present economic crisis. This presentation sets out our views about the role of structural changes in restraining TV net advertising revenues (NAR) growth in recent years along with our latest TV forecasts to 2013. Whilst some of the current downward pressures on TV NAR may be expected to ease, a new structural change that threatens the commercial PSB sector is the growing chasm between BBC investment in its PSB services and the advertising revenues of ITV, Channel 4 and Five

Following Channel 4’s decision not to proceed with its plans for digital radio, there is a glut of unused capacity on the existing national digital commercial radio multiplex (owned by Digital One) which threatens its commercial viability

Channel 4 has announced the immediate withdrawal of its majority stake in 4 Digital Group, a new venture that was awarded the licence by Ofcom in 2007 to build the UK’s second national commercial radio DAB multiplex, and Channel 4 will not be launching its promised portfolio of broadcast radio channels

The obvious culprit is the weak economy, with mobile telecoms seeming to be more vulnerable to consumer cutbacks than previously thought, a hypothesis supported by recent consumer research

With European economic growth forecast to decline further, revenue growth is likely to drop below zero by the beginning of 2009, and then progressively worsen through 2009 as regulatory effects worsen, creating a very tough environment for mobile operators to preserve margins

Just three players now account for most French broadband connections: Orange’s DSL market share is closing on 50%, Iliad’s rose to 25% from consolidation with Alice, while SFR’s dropped to 23.7%, with Neuf’s rebrand imminent. Cable remains a minimal presence on broadband

Project Kangaroo, the planned joint venture between BBC Worldwide, ITV and C4 to pool archival resources and supply video-on-demand (VOD) to UK retail and wholesale customers, was referred by the Office of Fair Trading to the Competition Commission on 30th June