The Mediapro agency has filed an appeal with a special division of the Spanish Supreme Court over the decision by Spain’s antitrust authority to begin legal proceedings against the agency and three Spanish football clubs regarding their broadcast rights deals.
The antitrust authority, the Comisión Nacional de la Competencia, began an investigation into deals between Mediapro and football clubs Barcelona, Sevilla and Racing Santander on May 10, concerning “non-compliance” with the CNC council’s resolution dated April 14, 2010. The resolution outlines that the acquisition of broadcast rights to clubs’ league and cup games, with the exception of the Copa del Rey final, for more than three seasons infringed Spanish and European competition regulation by failing to ensure the rights were “released onto the market with the regularity necessary to ensure effective competition.” The CNC said that the four parties had failed to comply with the regulation.
Mediapro said the CNC’s resolution was “blatantly incompatible” with the provisions of Spain’s General Broadcasting Law, which “clearly and unequivocally permits the signing of contracts for the acquisition of broadcasting rights for a period of up to four seasons and guarantees the operation of all contracts signed by Mediapro until such time as their expiry.”
The agency added: “Faced with the resolution released by the CNC, Mediapro wishes to issue this statement declaring that it continues to be the rightful holder of the broadcasting rights for the Spanish first and second division football clubs for the upcoming season. In this sense, the resolutions adopted by the CNC can in no way whatsoever deprive Mediapro of these aforementioned rights. A Court of Justice is entitled to hand down a ruling on the resolution of said contracts, pursuant to which Mediapro is fully entitled and possesses full legal backing to continue trading said rights under normal conditions.”
The CNC said that it was only beginning its investigation into the deals, and the final outcome was not certain. The CNC will take a maximum of six months to investigate the case.