A decision was taken again about the investigation concerning Turkish Football Federation and Krea İçerik Hizmetleri ve Prodüksiyon A.Ş. (20.11.2014)

After fulfilling the requirement of the decision of Ankara 10th Administrative Court, a decision was taken again concerning the investigation conducted to make an assessment for individual exemption about the Agreement on Broadcasting Rights for 2015-2016 and 2016-2017 Football Seasons signed between Turkish Football Federation (TFF) and Krea İçerik Hizmetleri ve Prodüksiyon A.Ş. on 21.05.2012 and to determine whether article 4 of the Act no 4054 on the Protection of Competition was violated.

The investigation was initiated as a result of the application concerning the claim that the term related to the transfer of the broadcasting rights for Super League was extended for two years by an agreement signed between Turkish Football Federation and Krea İçerik Hizmetleri ve Prodüksiyon A.Ş. , contrary to the Board decision dated 30.04.2012 and numbered 12-23/659-181. At the investigation phase, whether the agreement governing the transfer of broadcasting rights in a way to cover 2015-2016 and 2016-2017 football seasons under the scope of Package A Broadcasting Rights Agreement between Turkish Football Federation and Krea İçerik Hizmetleri ve Prodüksiyon A.Ş. fulfilled the conditions required for exemption in the decision of the Competition Board numbered 12-23/659-181 and the agreement was granted individual exemption as per the decision dated 11.10.2013 and numbered 13-58/821-346. In the action brought by the complainant afterwards, Ankara 10th Administrative Court took a decision dated 10.07.2014 and numbered 2014-1029 E. that the Board took a decision without holding a hearing although Turkish Football Federation made a request for hearing in its first written defense, which did not comply with the law; therefore execution of the decision shall be suspended.

As a result of the discussion of the contents of the file by the Competition Board again on 04.11.2014 following the hearing held, the additional agreement between TFF and Digiturk was granted individual exemption according to article 5 of the Act no 4054 on condition that Package A broadcasting rights, especially live match broadcasting rights, shall be transferred to and shared with competing undertaking(s) and undertakings broadcasting with alternative technology at reasonable market conditions by way of sublicensing, partially or as a whole (without prejudice to buyer's preferences).

Click here for the text of the pronouncement (in Turkish) dated 04.11.2014 and numbered 14-43/804-361, the reasoned decision for which will be notified later and which can be appealed before Ankara Administrative Courts.