Google has lost its appeal of the European Commission’s antitrust ruling of 2017 that it had abused its position in general search to favour Google Shopping, its Direct-to-Consumer (DTC) channel for merchants, in relation to price comparison aggregators. 

Since the case was lodged in 2010, price comparison has receded as the key to consumers’ online purchases, also motivated by influencers, reviews, and browsing. Merchants use YouTube and Instagram to build brands, Facebook to launch products, and Google Shopping as the key alternative to Amazon for direct response.

The EU’s antitrust regime has once more solved yesterday’s problem, but this will shift for Big Tech to an ex-ante regime when the landmark Digital Services Act and Digital Markets Act come on-stream.

The transition from linear to digital and on-demand usage has the potential to unravel national television ecosystems. Global tech monopolists may eventually control the interface and content discovery paths, pushing European providers down the supply chain.

Maintaining cultural sovereignty over the industry’s architecture is a prerequisite of a thriving, pluralistic ‘electronic public square’, as well as a high performing and locally-relevant creative economy.

Only consolidated commercial broadcasters have sufficient scale to steer national markets towards digital models where European content providers retain prominence and their ability to set the popular cultural agenda. 

The government is intent on privatising Channel 4, largely as is, with some potential shifts to the remit and a re-evaluation of the Terms of Trade and the publisher/broadcaster model

We note a valuation range of between £600m and £1.5bn, depending on the scenario and the buyer’s ability to create cost-savings. The counterfactual—a competitor buying Channel 4—could be motivating, while many broadcasters could benefit from the sale given that the government will have to provide the buyer with surety around uncertainties like prominence, licences and gambling/HFSS advertising

Given the potential and incentive for a profit-oriented owner to game Channel 4’s current woolly remit, if the government wants to guarantee a continuation of the benefits C4 presents onscreen and to the economy, much consideration need be placed on making the obligations more quantifiable and trackable

A channel dedicated to personality-led opinion breaks from TV’s strong range of rolling news, bulletins and standalone debate programmes. Conceptually GB News is more like talk radio: audiences can dip in at any time of day to hear takes on stories.

A linear launch—especially one based on a new interpretation of Ofcom’s due impartiality rules—has generated headlines, but the stark commercial reality of sustaining TV news by itself remains.

Its own linear audience and paying member forecasts are optimistic for a service with limited prominence and a streamlined budget, though profitability may not be its only measure of success.

The Warner-Discovery and TF1-M6 merger plans have dramatically pushed consolidation up European commercial television’s agenda.

The first path—heralded by Bertelsmann’s RTL Group—would aim at creating
national broadcasters with the content scale to operate compelling online platforms.

An alternative path revives the never achieved idea of pan-European synergies,
leveraging increased international appetite for non-English language content—but
its champion, Italy’s Mediaset, lacks capacity to deliver. 

Advertising income has been the lifeblood of commercial TV for decades, but declining linear audiences—combined with digital video alternatives—mean the TV advertising model must evolve to ensure it remains as potent a medium for brands as ever.

Lack of effective audience measurement and somewhat opaque advertiser/agency/sales house relationships are hampering linear TV advertising revenues. Both issues need resolving to underpin a healthier ecosystem overall.

Flexibility is key to this evolution. A move to audience buys across most linear and BVOD inventory would provide greater flexibility and targeting for advertisers, and would sit alongside some premium context buys. A greater onus on volume deals would give broadcasters more certainty to invest in content and their advertising propositions.

Italy's Serie A could award its 2021-24 broadcasting rights tomorrow to either Sky or DAZN (backed by TIM) for a fee significantly down on the previous cycle.

Either outcome looks good for Sky: increasing coverage at a lower fee, or pivoting to aggregation as DAZN will need to access Sky’s subscriber base.

DAZN and its ally TIM are also shifting strategy, but with weak rationale. The Italian auction reinforces our expectation of a drop in Premier League fees in the imminent British tender.

The Consumer Electronics Show (CES) this year was held virtually, with announcements revolving almost exclusively around the pandemic and addressing changing consumer needs. The evolving use of tech at home was a particular focus for brands as consumers are now demanding more of their homes than ever before.

Following a record 2020, ecommerce was a topic that garnered a lot of attention, with retailers emphasising the importance of a consumer centric 'digital first' strategy, accepting the fact that ecommerce is going to be bigger than it ever has been.

Amid increased tech use at home, moves to ban third-party cookies and impending regulatory changes to data collection in the US, the conversation around data and privacy was more prominent than ever before. First-party data is going to be more valuable, even if tracking restrictions limit what can be done with that data.

The Italian football league launched its tender for its 2021-24 broadcasting rights, to be held on 26 January. An ill-conceived Competition Authority ruling barring Sky from buying exclusive rights undermines the licence’s value for Sky.

Serie A has set very high reserve prices, but if bidders do not meet them, two other options kick in: a sale to an ‘independent intermediary’ or appointment of a partner to launch a ‘league’s channel’—both of which look unrealistic. The process may end up in private negotiations with broadcasters.

Having no direct competitor, Sky looks likely to keep coverage of most games, but at a lower price than now. DAZN may well renew its current deal and we do not exclude Amazon stepping in.

The Federal Communications Commission’s Privacy Order (FCC) was overturned by the Senate, clearing the way for ISPs to ramp up consumer data-driven advertising revenue.

While Google and Facebook dominate digital advertising in the US as in other markets, the US is alone in removing regulatory barriers to ISPs taking a piece of the pie.

US ISPs now have a self-regulatory regime for consumer rights on transparency, security and data breaches; but in the UK and EU, privacy advocates prefer enforceable rights.