Provisional decision in review of British Sky Broadcasting Group merger remedy

The CMA has made a provisional decision to release merger undertakings given by British Sky Broadcasting Group plc in 2001 following a transaction in which it increased its shareholding of British Interactive Broadcasting Holdings Ltd.

This review follows a request from Sky UK Ltd that the CMA reviews the undertakings.

The CMA consulted on whether to launch a review in an Invitation to Comment, published on 30 January 2023, which closed on 17 February 2023. No responses were received.

The CMA also consulted on whether as a result of any change in circumstance, the undertakings given by Sky in 2001 are no longer appropriate and need to be varied, superseded or released, published on 10 March 2023, which closed on 31 March 2023. No responses were received.

The purpose of this review is to determine whether, as a result of any change in circumstance, the undertakings given by Sky in 2001 are no longer appropriate and need to be varied, superseded or released.

This review does not address any other matter relating to the business of Sky.

We are keen to receive relevant evidence from interested parties in response to the provisional decision on whether there has been a relevant change in circumstances which means that the undertakings should be released.

Respondents should provide their views supported with relevant evidence where possible, in writing to the CMA at the address below by 5pm on 6 June 2023. We will then consider the views and evidence received before reaching a final decision.

Further information on this review can be found on our Review of British Sky Broadcasting Group merger remedy case page.

The CMA requests that all submissions be accompanied by a non-confidential version which the respondent would be willing to have published on the CMA website when we publish our final decision.