Spark is asking the High Court to order that, in the event the Commission gives clearance, this does not take effect until 36 hours following release of detailed reasons underlying the Commission’s decision. The operator is seeking an urgent hearing on its application, prior to the Commission's decision, and the court has scheduled a meeting for 22 February.
Spark earlier filed its formal opposition to the merger with the Commission, saying it fears the merger will restrict other operators' access to Sky's premium TV content. Spark said it already asked Vodafone and Sky to voluntarily suspend implementation of the merger if they receive clearance, but the companies rejected the request.
The request for the court stay does not mean Spark already plans to appeal any clearance, but the company said it and other players needed time to understand the decision, and if the merger goes ahead right away, it would be more difficult to unwind if any appeal proves successful.
