In a statement, it makes a number of considerations and recommendations. For Spain, it says it “appreciates the structure presented to market the rights in various lots and options, as this can encourage more operators to participate and competition between them”.
It also “indicates that the possibility of submitting offers for a term of four and / or five seasons should be eliminated. The LNFP should guarantee the principles of publicity, transparency and non-discrimination in the process of awarding rights. In particular, eliminating discretion in the evaluation of offers, such as, for example, the possibility of increasing the evaluation of an economic offer by up to 15% for technical-formal aspects not based on objective criteria or formulas. In addition, it should modify all those issues that may generate discriminatory treatment between operators, such as the use of reserve prices for each lot or the sale of rights together with the LaLiga Primera Channel of its own production.
“Likewise, the CNMC recommends reviewing the limitation by which only pay-TV operators can exploit these lots. Finally, it is recommended to eliminate the mention of the ownership of rights and powers that the LNFP does not have recognised”.
Looking at territories outside the EU, including the UK, Ireland and Iceland, it says: “Clarify the content of the lots and the criteria for assessing the requirements for their award, to guarantee a transparent and competitive procedure; consider a contract duration that is appropriate to the principles and rules of competition; and eliminate the mention of the ownership of rights and powers that the LNFP has not recognised”.