Spain’s CNMC has examined the proposals of the Royal Spanish Football Federation (RFEF) to commercialise the audiovisual rights of various competitions.
The competitions include international rights for the Copa del Rey and Supercopa de España, as well as the rights in Spain and Andorra for women’s football, amateur football and futsal.
In a statement, it says that some of the proposed conditions do not fully comply with the requirements of Royal Decree-Law 5/2015.
CNMC adds that it has made a series of recommendations, including:
Reform the aspects that are contrary to the principles of publicity, transparency, competitiveness and non-discrimination in the process of awarding rights.
Limit the RFEF’s discretion in its decision to accept offers.
Provide more information on the role of the reserve price. In particular, with respect to the objective criteria used for its setting and the form of award in the event that said price is not reached.
Correct the shortcomings of the procedure in terms of legal guarantees and transparency.
Establish with greater precision the rights offered and limit them to those included in the scope of application of Royal Decree-Law 5/2015.
Do not include commercial obligations related to the advertising decisions of the successful bidders that are unjustified and contrary to the principle of free enterprise.
Consider a contract duration that is appropriate to the principles and rules of competition.
It concludes by saying: “These reports are issued by virtue of article 4 of Royal Decree-Law 5/2015, of April 30, on urgent measures in relation to the commercialisation of the exploitation rights of audiovisual content of professional football competitions. This requires marketers to request a prior report from the CNMC on the proposed marketing conditions”.
