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The Telegraph is to renew its distribution and wholesale agreement with Nova on The Telegraph Sport, which offers the English Premier League football.

28 July 2023

The Competition Authority
has today taken Temporary decision 30/2023 because of
of Telia's alleged breach of competition law by denying Nova wholesale and
broadcast on Síminn Sport which includes coverage of the English Premier League
in football or English football.

From
Since Síminn was granted the rights to broadcast the English Premier League in 2019, Síminn
The channel (Símann Sport) is available through the Home Package and Símans Premium TV.
Síminn has also offered the service as a standalone subscription, and so have Sýn and Nova.
also done by buying the material in bulk and offering it to their own
customers.

Now
It is therefore surprising that Síminn has refused to enter into a new distribution agreement with Nova.
about broadcasts on Símanum Sport, which means that Nova customers do not have
the option to subscribe to the English game.

The Competition Authority
believes that Simans' conduct constitutes an refusal to supply by a company which possesses an essential
and a more popular product for resale and that it would involve harmful effects for
competition in telecommunications and
the television market here at home if Nova could no longer offer its customers
to customers on English football. The supervisory authority then considers that the conduct of Síminn involves
sees discrimination against competitors as Sýn is allowed to continue to offer its own
customers English football but not Nova.

The Competition Authority
believes that Síminn is the market leader in the wholesale distribution market for English
the ball and that this conduct by Símen goes against a provision of the competition law which prohibits
abuse of a dominant market position.

The Competition Authority
believes that the said conduct is based on neither a rational nor an objective basis.
premises. The conduct of Símen is liable to harm competition and competitors.
The number of providers, which has been three (Síminn, Sýn and Nova), is decreasing to two.

Í
The interim order directs Síminn to cease its conduct.
its dealings with Nova and enter into a wholesale agreement with the company and
distribution on Símanum Sport with the English football. Then the supervisory authority considers that the conditions
that the conditions for making a provisional decision are fulfilled. It is therefore particularly important
that the competition authorities intervene and stop the conduct without delay.

The Interim Decision
Valid until 31 January 2024. It is available here.

About
interim decisions:

According to
Paragraph 3 of Article 16 of the Competition Act No. 44/2005 authorises the Competition Authority to
make provisional decisions on individual cases if it appears likely that such
the misconduct or the circumstances under consideration contravene the provisions
competition law or decisions taken on the basis of it. The condition is that the matter
cannot tolerate delay. In such decisions, a final assessment is therefore not made as to whether
illegal conduct is in question.

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