In the framework of an investigation into alleged anticompetitive conducts, the National Commission for the Defence of Competition (CNDC, for its acronym in Spanish) issued an opinion advising the Secretary of Industry and Commerce of the Ministry of Economy to adopt a measure of anticipatory protection under the terms of Section 44 of Act No. 27.442 on the Defence of Competition (LDC, for its acronym in Spanish), so that, among other measures, the company Tele Red Imagen S.A. ceases any refusal to provide the sports signal TyC Sports and the sports events for which it has exclusive broadcasting rights.
The measure also orders the company to offer the aforementioned sports signal and the sporting events it broadcasts exclusively to the companies associated with the Argentine Internet Chamber under fair commercial, economic and content market conditions, in accordance with the LDC. It also indicates that the company must send the CNDC a copy of the contracts it establishes with the companies that are members of the Chamber, as long as they can provide the offer of the TyC Sports signal under the established commercial conditions, in compliance with the above.
The present investigation was initiated by a complaint before the CNDC against the company Tele Red Imagen S.A., by the Argentine Chamber of Internet, for an alleged refusal to provide the sports signal TyC Sports to the companies associated to the Chamber, since June 2019, throughout the national territory.
The Argentine Chamber of Internet brings together organisations providing internet access services, telephony, data-centre solutions, online content and subscription broadcasting services through physical links. In their complaint, they indicated that the company Tele Red Imagen S.A. established conditions for the sale of the sports signal in question that were impossible for the companies that make up the Chamber to meet.
The company Tele Red Imagen S.A. must comply with the anticipated protection measure, from the moment it is issued until the ongoing investigation for alleged anticompetitive conduct is resolved.
To know more about what an anticompetitive conduct is look at this infographic.
Anticompetitive conducts can be reported virtually through the Trámites a Distancia (TaD) system, as described here.