BSkyB To Appeal ITV Share Ruling Tomorrow
By Robert Andrews - Thu 21 Feb 2008 07:13 AM PST
As expected, BSkyB (NYSE: BSY) will challenge the Competition Commission’s ruling it must drop most of its ITV (LSE: ITV) share in an appeal to the Competition Appeals Tribunal tomorrow. Sky will dispute the earlier ruling that it had effectively merged with ITV when it bought a 17.9 percent stake and that its ownership prevents ITV from pursuing an independent competitive strategy. Sky wants the CAT to rewind the ruling and send the case back to the commission. It argues reducing its share to less than 7.5 percent is an “unreasonable and disproportionate remedy”. And CEO Jeremy Darroch (via statement) is not pulling any punches: “The Competition Commission has failed to meet the burden of proof required to justify its conclusions. It has built its case on a series of implausible hypotheses and has recommended an arbitrary remedy for a non-existent problem.” He said competition is “as vigorous as ever”.
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