Spain’s National Commission of Markets and Competition (CNMC) has begun an investigation into Telefónica’s pay-TV offer.
CNMC believes the telco could be in breach of conditions signed after the 2015 purchase of DTS (the former Sogecable). The conditions were extended for a further three years in 2020.
The regulator is analysising the Fusión and miMovistar that were available between 30 August 2021 and 30 April 2023.
One of the conditions is that Telefónica cannot include customer retention obligations that were directly or indirectly associated with pay-TV services, whether or not bundled with electronic communications services.
In July 2021, found that Telefónica’s Fusion+Smartphone offer, which included the rental of a smartphone subject to retention conditions during the 36-month period imposed by the contract, breached the commitments and urged it to modify the conditions and provide information to customers and the CNMC.
In March 2023, CNMC fined Telefónica €6 million for the violation arising from the failure to comply with the commitment not to include permanence obligations.
CNMC says a revised offer, effective from 30 August 2021 to 30 April 2023, continued to contain provisions that hindered customers’ ability to move to another service.
Telefónica’s new commercial policy for Fusión and miMovistar with pay TV and with a device, effective from August 30, 2021, to April 30, 2023, the end date of the commitments, continued to contain provisions that hindered the mobility of Telefónica customers—both for services bundled with pay TV and for non-bundled pay TV services.
An investigation will now run for a period of three months.
