Broadcasting in the European Union: the role of public interest in competition analysis

Book abstract:

'The system of public broadcasting in the Member States is directly related to the democratic, social and cultural needs of each society and to the need to preserve media pluralism'.

- Protocol on public service broadcasting to the Treaty of Amsterdam.

The role of broadcasting in promotion of a 'European culture' has become increasingly important and the extent to which the above protocol has been massaged into a more relaxed view forms part of the discussion contained in this volume.

The work is organised in two parts. Part I addresses the audio-visual framework. Chapter two explores some of the economic implications of competition law such as market structure and definition. It examines the extent to which broadcasting differs in significant aspects from the category of 'ordinary' services. Policy options are explored in chapter three which presents an overview of Member States' broadcasting systems and makes comparisons with the US systems. The legal framework of the EU is outlined with commentary on the Television Without Frontiers Directive. Part II focuses on selected case-law on broadcasting and covers judgments of the Court of Justice and the Court of First Instance, and to some extent Commission Decisions. The notion of the 'legitimate general (or public) interest' in the application of Article 49 (ex Article 59) EC Treaty and its application to broadcasting is explored in chapter four. Discussion moves in chapter five to the problems of co-operation and collusion between broadcasters under Article 81 (ex Article 85). Mergers and particularly the German media market are the focus of chapter six. Public service broadcasting and the application of state aid rules are explored in chapter seven. Sports events and the competition law implications of broadcasting them are examined in chapter eight which looks at transmission rights and collective selling issues. Chapter nine draws together the arguments in earlier chapters and aims to highlight those aspects that continue to play an important role in the discussion of the legal framework in which a European media policy is embedded.

The book will interest lawyers, economists and businesses dealing with EC broadcasting regulations.

TMC Asser Press books are distributed by Cambridge University Press.

http://www.cambridge.org http://www.cambridge.org

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