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News

Virgin / O2 merger given green light

Following a provisional clearance in April 2021 , the UK ’ s Competition and Markets Authority ( CMA ) is now allowing the proposed merger of Virgin Media and Virgin Mobile with O2 to go ahead . Both Virgin and O2 sell wholesale services to a number of mobile operators in the UK . Virgin supplies wholesale leased lines to mobile operators and O2 provides its mobile network to companies that do not have their own .

The CMA was initially concerned that , following the merger , Virgin and O2 could raise prices or reduce the quality of these wholesale services . If this were to happen , it could lead to other companies being forced to offer lower quality mobile services or increase their retail prices which would negatively impact consumers .
The merger was referred to a group of independent CMA Panel members for an in-depth Phase 2 investigation . The Group has concluded that the deal is unlikely to lead to any substantial lessening of competition for a number of reasons :
• The costs of leased lines are only a relatively small element of rival mobile companies ’ overall costs , so it is unlikely that Virgin would be able to raise leased-line costs in a way that would lead to higher charges for consumers .
• There are other players in the market offering the same leased-line services , including BT Openreach - which has a much greater geographical reach than Virgin - and other smaller providers . This means the merged company will still need to maintain the competitiveness of its service or risk losing wholesale custom .
• As with leased-line services , there are a number of other companies that provide mobile networks for telecoms firms to use , meaning O2 will need to keep its service
“ This is a watershed moment in the history of telecommunications in the UK as we are now cleared to bring real choice where it hasn ’ t existed before , while investing in fibre and 5G that the UK needs to thrive .” competitive with its wholesale rivals in order to maintain this business . “ O2 and Virgin are important suppliers of services to other companies who serve millions of consumers ,” noted Martin Coleman , CMA Panel Inquiry chair . “ It was important to make sure that this merger would not leave these people worse off . That ’ s why we conducted an in-depth investigation . After looking closely at the deal , we are reassured that competition amongst mobile communications providers will remain strong and it is therefore unlikely that the merger would lead to higher prices or lower quality services .”
The CMA cleared the transaction without remedies and now all regulatory conditions are met in alignment with the original terms and the transaction is now expected to close by June 1st , 2021 .
Liberty Global and Telefónica , the owners of Virgin and O2 respectively , announced the joint venture in May 2020 , bringing together multiplay operator Virgin Media , and mobile telco O2 . They say the combination will create a stronger fixed and mobile competitor in the UK market , supporting the expansion of Virgin Media ’ s giga-ready network and O2 ’ s 5G mobile deployment for the benefit of consumers , businesses and the public sector . The joint venture is expected to deliver substantial synergies valued at £ 6.2 billion on a net present value basis after integration costs and will create a nationwide integrated communications provider with £ 11 billion of revenue .
The appointment of Lutz Schüler as chief executive officer and Patricia Cobian as chief financial officer of the combined company upon completion of the transaction was announced in April 2021 . Schüler is currently chief executive officer of Virgin Media and Cobian is chief financial officer at O2 .
“ This is a watershed moment in the history of telecommunications in the UK as we are now cleared to bring real choice where it hasn ’ t existed before , while investing in fibre and 5G that the UK needs to thrive ,” said Mike Fries , CEO of Liberty Global , and José Maria Alvarez- Pallete , CEO of Telefónica . “ We thank the CMA for conducting a thorough and efficient review . Lutz and Patricia are now set to take the reins and launch a national connectivity champion that will connect more people , ignite more businesses back to growth and power more communities for the greater good .”
MEPs tackle live sports online piracy
Members of the European Parliament ( MEPs ) have set out proposals to crack down on the growing phenomenon of illegal broadcasting of live sporting events , calling on the European Commission to clarify and improve the current EU framework on intellectual property rights for live sport events , currently not subject to copyright protection , and to introduce specific provisions regarding the rights of sport event organisers , for whom licensing
of broadcasting rights are a key source of income .
According to MEPs , existing rules need to be adapted to address the specific short-term value of live sport events and concrete measures should be introduced to ensure the immediate removal of illegal content , under effective safeguards . The text calls for such streams to be removed or disabled immediately and no later than thirty minutes
following a notification by rights holders or a certified ‘ trusted flagger ’.
The Association of Commercial Television in Europe ( ACT ) has welcomed the report , suggesting it represents a powerful signal given by the European
Parliament . “ It recognises the magnitude of the problem of online piracy of live sports broadcasts and the immense prejudice piracy brings not only to sports events organisers and broadcasters , but also to the European economy at large . It also recognises the important role that broadcast of such events play for solidarity , diversity and social inclusion in the European Union ,” says ACT .
4 EUROMEDIA