Mediaset Spain, Atresmedia fined over EUR 77 mln for anti-competitive conduct in TV ad market

Spanish market and communications regulator CNMC has fined the broadcasters Atresmedia and Mediaset Spain a total of EUR 77.1 million for anti-competitive practices in the free-to-air (FTA) TV advertising market, confirming earlier reports. The watchdog launched a formal investigation into possible collusion by the broadcasters in February 2018, with reports at the time suggesting a fine of up to EUR 200 million. That has now been reduced to EUR 38.9 million for Mediaset and EUR 38.2 million for Atresmedia, with the broadcasters also required to modify their business practices within three months to boost competition in the sector.

In its statement, the watchdog said the Atresmedia-Mediaset duopoly developed a strategy in the sale of TV advertising that led them to account for over 85 percent of the FTA spend, limiting the capacity of rival channels to capture ad revenues. The broadcasters required companies to provide minimum guaranteed advertising investments at the same time as multi-channel contracts covering various linear networks, among other practices. Their combined effect has been to hinder the expansion of third-party operators in the television advertising market in Spain, who have been unable to compete on equal terms, said the CNMC.

Both companies are expected to appeal against the fines to Spain’s national and supreme courts to protect their advertising sales model and to prevent damages claims from rivals that could amount to hundreds of millions of euros, according to industry sources cited by El Espanol.