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ftm Radio Page - August 15, 2014

Commission complaint from spurned promotional ad
Don’t touch that dial

Irish broadcaster Communicorp has formally complained to the European Commission DG Competition about public broadcaster RTÉ. State aid, abuse of dominant position, the license fee and advertising are all wrapped together. The company “intends to fight this abuse of a dominant position and will ensure that the European Commission is aware of RTÉ’s activities,” said Newstalk chief executive Gerard Whelan, quoted by irishexaminer.com (August 13)

The Communicorp complaint appears instigated by RTÉ’s refusal in April to broadcast a TV ad tagged “Move the dial” promoting a show host who had joined Newstalk from RTÉ Radio 1. The ad would have violated RTÉ’s advertising code as call-to-action spots are not allowed, said an RTÉ spokesperson at the time. Communicorp is Ireland’s biggest private sector radio broadcaster, owning national channel Today FM, Dublin stations Newstalk, 98FM, Spin and TXFM.

Since the European Commission (EC) enshrined the dual public-private broadcasting system in Europe with the Amsterdam Protocol in 2001, private sector broadcasters and publishers have sought – with some success – to put legal limits on what national public service broadcasters (PSB) can do and how much money they can raise. In a 2008 decision DG Competition remanded the Irish government to tighten up legal language on RTÉ’s public service mandate. Lawyers for public broadcasters have taken particular note over the last decade of DG Competition rulings on State aid, service mandate and digital expansion.

Complaints to DG Competition typically follow action – or lack thereof – from national competition authorities or courts. Communicorp currently has a complaint against RTÉ pending at the Irish Competition Authority. This summer DG Competition staff are hard at work, reconsidering the settlement with Google, avoiding a ruling against Gazprom, rescuing Greek banks and auditing several airlines.


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