ITC announces decision on the supply of ITV2 to digital satellite

24th March 1999

The ITC announced today that it had concluded that there were no grounds for requiring ITV to supply ITV2 for digital satellite distribution. This followed an investigation of a complaint made by BSkyB that ITV’s refusal to supply ITV2 was anti-competitive and detrimental to the availability of a wide range of services. However, the ITC reserves the right to re-examine the situation at a future date, should market conditions change to a significant extent.

The Commission considered that, having regard to current market conditions and the content of ITV2, its non-availability on digital satellite would not have an appreciable effect on competition. It also took the view that the terms of the agreement for the supply of ITV2 to Cable and Wireless Communications were not sufficiently comparable with those offered by BSkyB to justify a finding of undue discrimination.

In relation to the wide range of services aspect of the complaint, the ITC decided that since ITV2 would be available to 95 per cent of the population via digital terrestrial and cable distribution, the arrangements proposed by the ITV companies were sufficient to ensure that ITV2 was widely available.

Notes to Editors

  1. The ITC has statutory duties under Section 2 of the Broadcasting Act 1990 (as amended by the Broadcasting Act 1996) to ensure that:
    1. a wide range of services is available throughout the UK; and
    2. there is fair and effective competition in the provision of licensed services and services connected with them.
  2. BSkyB lodged a formal complaint with the ITC on 23 November 1998.
  3. The ITC’s statement of reasons for its decision is on the ITC web site: