Eutelsat-complaint against DPC-takeover heard

On 25 January 2006, the Eutelsat Services & Beteiligungs GmbH, Cologne, complaint against the decision of the German Federal Cartel Office (FCO) was heard at the Higher Regional Court in Duesseldorf. The hearing was about the takeover of Digital Playout Centers DPC (now Astra Playout Center, APC) by SES Astra. The trial got additional brisance due to a surprising coup from Munich/Unterfoehring: Only one day before the hearing Premiere had handed in further material. Experts assume incriminating material against SES Astra. Main subject of the trial was the following point: Does the sale of DPC by Premiere to SES Astra encourage the competition on the Pay-TV market? The FCO assumed this in their decision, claimant Eutelsat on the other hand does not see a discrimination-free and competition aiding Pay-TV platform in APS.

The aspect appeard in the press, the Higher Regional Court Duesseldorf searched for clarification: Does Premiere CEO Kofler have a power of veto if there will be a new Pay-TV customer at APS? The lawyers of the Pay-TV operator confirmed, SES Astra denied. Both parties were asked for clarification which will be expected next week.

Another aspect became clear during the hearing: Premiere should get a 5 % commission regarding the Pay-TV customers of APS. Many things will depend on the valuation of these two aspects (power of veto, 5 % barrier) by the Higher Regional Court: Do they disturb the competition on the Pay-TV market? Eutelsat referred to the fact that APS still does not have any new customers. This would be no stimulation of the Pay-TV market, they said. APS-CEO Wilfried Urner replied that the Pay-TV customer integration process to a technical platform would be very extensive and it would take up between 9 to 20 months. For this reason, no APS customers could be named yet.

At the same time Urner confirmed that there were negotiations between APS and Unity Media (Arena), who is the new owner of the Pay-TV rights for the German Football League. Experts see these negotiations as reason for the “deranging fire” Premiere-CEO Kofler lighted shortly before start of the hearing. Urner was not able to name more APS-prospective clients beside Unity Media due to protection of the business partners.

The Higher Regional Court fixed the proclamation of sentence for 22 February 2006, 11.00 o’clock. Immediately after the hearing, the parties of the proceeding gave their opinions: “We are sure that our arguments will endure and that the decision of the FCO will be confirmed”, said Ferdinand Kayser, President and CEO of SES Astra. “APS offers Pay-TV organisers in Germany an open platform with access to the Premiere-satellite customers’ receivers. Eutelsat’s reproaches, the platform would not be open, are weak. We are confident that the permission for the APS takeover will be confirmed.” A Eutelsat spokesman said to Digitalmagazin: “We are pleased that both Higher Regional Court and FCO deem the opening of the Pay-TV market to be important. Premiere and SES Astra now still have to answer some open questions.”

Kontakt:

Holger Crump
Chefredakteur, INFOSAT Euro Media S.A.
Tel.: 00352/710 707 600
redation@infosat.info
www.infosat.info

This release was published on openPR.