Spain’s two leading broadcasters Atresmedia and Mediaset could each be fined up to €100 million for abusing their dominant market positions to the detriment of third parties.
According to El Economista, the regulator CNMC has told them they could be required to pay a sum of up to 10% of their sales in 2018.
However, industry sources believe the actual figures could be much lower, but still in the range €15-30 million each.
The only way to avoid the fines would be for Atresmedia and Mediaset to enter into a ‘conventional termination agreement’ that commits them to immediately cease these abusive practices. They in fact agreed to sign such an agreement a year ago but failed to do so.
Moreover, they have previously maintained that such commercial practices are common in the TV industry throughout the world.
The actions of Atresmedia and Mediaset relate to the contracts they have with advertisers and media agencies and have ben deemed by CNMC to be in violation of the Law on the Defence of Competition.
However, some of these contacts have since ben modified.
Both broadcasters have indicated they will appeal to the National Court should they be fined by the CNMC.
