Summary of Commission Decision

of 31 March 2021

relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the EEA Agreement

(Case AT.40023 - Cross-border access to pay-TV)

(notified under document C(2021) 2076)

(Only the English text is authentic)

(Text with EEA relevance)

(2021/C 184/07)

On 31 March 2021, the Commission adopted a decision relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the EEA agreement. In accordance with the provisions of Article 30 of Council Regulation (EC) No 1/2003 (1) , the Commission herewith publishes the names of the parties and the main content of the decision, having regard to the legitimate interest of undertakings in the protection of their business secrets.

(1)

By decision of 26 July 2016, notified under document C(2016) 4740 final (the ‘2016 Decision’), the Commission made commitments binding on Viacom Inc. and Paramount Pictures International Limited (formerly Viacom Global (Netherlands) B.V.).

(2)

By decision of 7 March 2019, notified under document C(2019) 1772 final (the ‘2019 Decision’), the Commission made similar commitments binding on The Walt Disney Company and The Walt Disney Company Limited (together ‘Disney’), Comcast Corporation, Universal Studios International B.V. and Universal Studios Limited (together ‘NBCUniversal’), Sony Corporation (currently Sony Group Corporation), CPT Holdings Inc. and Colgems Productions Limited (together ‘Sony Pictures’), Warner Media LLC and Warner Bros. International Television Distribution Inc. (together ‘Warner Bros.’), and Sky UK Limited and Sky Limited (together ‘Sky’).

(3)

By judgment of 9 December 2020 in Case C-132/19 P Groupe Canal + v Commission (2), the Court of Justice of the European Union annulled the 2016 Decision.

(4)

Since the scope of the commitments made binding by the 2019 Decision were essentially identical to those of the 2016 Decision, the Commission considers appropriate to withdraw the 2019 Decision.

(5)

The Advisory Committee on Restrictive Practices and Dominant Positions issued a favourable opinion on 18 March 2021.

(6)

By this Decision, addressed to Disney, NBCUniversal, Sony Pictures, Warner Bros. and Sky, the Commission withdraws Decision C(2019) 1772 final of 7 March 2019.

(1) OJ L 1, 4.1.2003, p. 1. Regulation as amended by Regulation (EC) No 411/2004 (OJ L 68, 6.3.2004, p. 1).

(2) EU:C:2020:1007.