Too Much or Not Enough? Competition Law and Television Broadcasting Regulation in the United Kingdom

Abstract

Using the United Kingdom as a case study, this article examines the application of competition regulation to the contemporary television industry. The article begins with a brief overview of the nature of competition law. It then moves on to consider the growing importance attached to competition regulation within the UK television industry. Using a range of recent examples, the main part of the article analyses the application of competition regulation to UK television broadcasting in four main areas, namely: (1) mergers and acquisitions; (2) monopoly/market dominance; (3) cartels; and (4) state aid and public service broadcasting. The article highlights two key points: first, the difficulty of applying competition law principles to the television industry, most notably in relation to key concepts, such as ‘market definition’ and the ‘abuse’ of market dominance; and, second, the inherently political nature of competition law.

Keywords

• Ofcom
• media plurality
• marketization
• market impact assessment
• competition regulation
• competition law