The fines totalling €77.1 million recently imposed by the Spanish regulator CNMC on Mediaset and Atresmedia open the door for legal challenges to the duopoly from advertisers and smaller TV stations.
However, says El Economista, few are currently willing to act.
Indeed, only one contacted by the publication – Radio Blanca, which is backed by Blas Herrera and has a content agreement with Discovery – has said it is studying making a claim for damages but at the same time waiting to see what happens when Mediaset and Atresmedia appeal against the fines.
Meanwhile, the Spanish Association of Advertisers (AEA) and Federation of Regional Television Stations (FORTA) say they are not likely to take any action, at least in the medium term.
The former signed a collaboration agreement with CNMC in 2017 in which they described the Mediaset/Atresmedia duopoly as “disturbing”, while FORTA says that the subject of taking legal action requires reflection and analysis.
As previously reported by Broadband TV News, the fines on Mediaset and Atresmedia were imposed by CNMC earlier this month for anticompetitive practices in the commercialisation of TV advertising.
Together, the two broadcasters account for almost 85% of the Spanish TV ad market.
