The Competition Act 1998 (Football Broadcasting Rights) (Public Policy Exclusion) Order 2021

JurisdictionUK Non-devolved
CitationSI 2021/1148

2021 No. 1148

Competition

The Competition Act 1998 (Football Broadcasting Rights) (Public Policy Exclusion) Order 2021

Made 14th October 2021

Laid before Parliament 14th October 2021

Coming into force 7th November 2021

The Secretary of State, in exercise of the powers conferred by paragraph 7(1), (2), (3), (4) and (5) of Schedule 3 to the Competition Act 19981, makes the following Order.

The Secretary of State is satisfied that there are exceptional and compelling reasons of public policy why the Chapter I prohibition (as defined in section 2(8) of the Competition Act 1998) ought not to apply to, or ought to be deemed never to have applied in relation to, agreements or decisions of the description specified in this Order, and why the Chapter II prohibition (as defined in section 18(4) of that Act) ought not to apply to, or ought to be deemed never to have applied in relation to, conduct in the circumstances specified in this Order.

S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) This Order may be cited as the Competition Act 1998 (Football Broadcasting Rights) (Public Policy Exclusion) Order 2021 and comes into force on 7th November 2021.

(2) This Order extends to England and Wales, Scotland and Northern Ireland.

S-2 Interpretation

Interpretation

2. In this Order—

“2022 to 2025 football broadcasting rights” means rights to exploit in the United Kingdom the broadcasting of association football matches played as part of the 2022 to 2023, 2023 to 2024 and 2024 to 2025 Premier League football seasons;

“broadcast rights holder” means any of the following—

(a) Amazon Media EU S.A.R.L., a company registered in Luxembourg (company number 112767) or Amazon Digital UK Limited, a company incorporated in England and Wales (company number 06528297);

(b) the British Broadcasting Corporation, a Royal Charter company (company number RC000057);

(c) British Telecommunications Public Limited Company, a company incorporated in England and Wales (company number 01800000);

(d) Sky UK Limited, a company incorporated in England and Wales (company number 02906991);

“the Football Association Premier League” means the Football Association Premier League Limited, a company incorporated in England and Wales (company number 02719699);

“football broadcasting rights agreement” means any of the following—

(a) the agreement dated 6th June 2018 between the Football Association Premier League and the British Broadcasting Corporation in relation to the Free-to-Air Highlights Package for exploitation in the United Kingdom during the 2019 to 2020, 2020 to 2021 and 2021 to 2022 Premier League football seasons;

(b) the agreement dated 14th June 2018 between the Football Association Premier League and Sky UK Limited in relation to Live Packages B, C, D and E for exploitation in the United Kingdom during the 2019 to 2020, 2020 to 2021 and 2021 to 2022 Premier League football seasons;

(c) the agreement dated 14th June 2018 between the Football Association Premier League and Amazon Media EU S.A.R.L. in relation to Live Package F for exploitation in the United Kingdom during the 2019 to 2020, 2020 to 2021 and 2021 to 2022 Premier League football seasons;

(d) the agreement dated 19th June 2018 between the Football Association Premier League and British Telecommunications Public Limited Company in relation to Live Package A and Live Package G for exploitation...

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