KPN loses out in Fox Sports case

Dutch cable-television provider KPN will be forced back to the negotiating table with pay-television broadcaster Fox Sports Netherlands after losing out in a court judgment.

A judge at the Rechtbank Midden-Nederland court in Utrecht on Friday ruled Fox is entitled to demand that its Fox Sports 1 channel is included in KPN’s basic television package and that it receives a per-subscriber fee.

The current contract between KPN and Fox expires today (Monday) and the court’s ruling means Fox can now seek new terms. KPN had sought to continue to offer Fox’s channels as a premium package but Fox is seeking that Fox Sports 1, which includes top-tier Eredivisie football, be added to the basic package.

KPN had argued that under the new proposal from Fox it would have to pay two-and-a-half times more for a new carriage deal, adding that it represents unfair competition. Its main competitor Ziggo, along with Canal Digital, has ongoing contracts that run through to 2020 and will continue under existing terms.

Fox Sports said after the court ruling that it is willing to continue negotiations with KPN and other operators whose carriage agreements are due to expire. The dispute is set to continue with KPN and several other operators having asked the Netherlands Authority for Consumer & Markets (ACM) to investigate the matter.

The Totaal TV website said the competition authority is expected to make a ruling in a few weeks. Fox Sports holds broadcast rights for the Eredivisie in a 12-season deal running from 2013-14 to 2024-25. The 2016-17 Eredivisie campaign is set to kick off on August 5.