On Thursday 7 March, the European Commission approved the commitments offered by Disney, NBCUniversal, Sony Pictures, Warner Bros. and Sky in response to the institution's concerns about contractual clauses preventing the cross-border provision of pay-TV services.
This case dates back to July 2015, when the Commission sent a Statement of Objections to six major US film studios and Sky UK (see EUROPE 11365/7). The studios were accused of having concluded licencing agreements with the British channel preventing them from offering EU consumers outside the British Isles access to pay-TV services available in the United Kingdom and Ireland. Likewise, the studios in question were required to ensure that broadcasters other than Sky UK did not offer their pay-TV services in the United Kingdom and Ireland.
In 2016, Paramount proposed commitments to the Commission, which were accepted (see EUROPE 11538/5, 11601/2) and confirmed by the EU Court last December.
In November 2015, Disney proposed several commitments (see EUROPE 12134/16), which were followed the following month by commitments from NBCUniversal, Sony Pictures, Warner Bros and Sky (see EUROPE 12164/16).
The studios have thus undertaken not to apply, introduce or reintroduce such clauses in film licencing contracts for pay-TV with broadcasters in the European Economic Area (EEA). Sky will do the same for its contracts with the studios in question.
These commitments will have to apply in the EEA for five years, and include clauses for their review. (Original version in French by Lucas Tripoteau)