In an interim relief application to the Competition Tribunal, eMedia Investments and it’s subsidiary Platco Digital (Platco) has accused Multichoice of anti-competitive behaviour and using their “dominant position” to restrict sub-licensing agreements with the South African Broadcasting Commission (SABC).
On January 18, 2023 the Competition Tribunal heard arguments in regards to the application by eMedia and Platco against Multichoice and the SABC.
Platco, which operates Openview, and eMedia have alleged that Multichoice dictates to public broadcaster SABC the way in which they can broadcast sports programming to third parties.
eMedia has alleged that Multichoice stops the SABC from including the sub-licensed major sporting events like the 2023 Rugby World Cup and the 2023 Cricket World Cup on SABC channels when they are transmitted to third-party platforms like Openview.
Legal representatives for eMedia said that Multichoice’s agreement with SABC prevented the public broadcaster from airing major sporting events on the SABC channels that appear on Openview.
According to Gavin Marriott who represented eMedia, the exclusion is intended to impact Openview and that Openview is the only platform that has been effected.
Marriott said that the exclusion has been directed at eMedia because the entity that operates Openview is the only viable, potential and existing competitor to Multichoice.
He said that Multichoice is desperate to ensure is dominance as a broadcaster is maintained.
Marriott said that as the switch from analogue to digital will only compound the situation because only platforms that the SABC can broadcast on will be Multichoice and eMedia.
Max du Plessis said that despite constitutional harm and implications Multichoice is will impose its restrictions despite national interest.
Multichoice has denied the allegations brought by eMedia.
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