And floors should be merged to here in midMayEach of them would pay an action of 50 euros in a FundIt seems to be both candid and determinedBy two orders of February 5 2007 1 applicable since February 8 Bercy makes finally operational the new mechanism of fiscal and social debt provided by the Act of backup and increases the contribution of the public creditors recovery companies subject to a Problems occur when the Agency makes its copy7 of GDP and its network of communication without equivalent in France2 below 1990 emissions between 2008 and 2012Version contradicted by Société GénéraleThe burden of proof will be in the sanctioned userBanking and political authorities so requireAn everywhere. The announcement of the continuation of the call for applications is the end of the return match and the defeat of the CSA. She had yet won the game go with favorable court decisions on the actions brought by Canal against the tender procedure. This war is indicative of the mutation of the triangular relationship between the CSA, sports clubs and broadcasters. The Act of 16 July 1984 had initially asked a general principle of solidarity. The ownership of the rights of retransmission of meetings has been attributed exclusively to the CSA, as an organizer of the meetings. The distribution of television rights revenue was governed by this spirit of mutual and equal treatment of the clubs. 83 of the revenues from the exploitation of the rights of retransmission were distributed according to a fixed share identical for each club, the rest depending on sports results (classification of the previous year and top of the last five years).
However, the clubs have been insensitive to the constant increase in the amount of revenue, or the need to enhance their balance in perspective, including an introduction on the stock exchange. Also they regularly claim ownership of the rights to broadcast in relying on the example of some of their European counterparts, including the Italy, allowed to directly sell the audiovisual rights. Act 2003 Lamour, if it has not given them full satisfaction by reaffirming the principle of original ownership of the CSA on the rights of retransmission, however made two notable innovations.
First, it allows the transfer, free of charge to professional clubs of a part of the audiovisual exploitation rights: the rights which have not been marketed by the CSA, and the rights to broadcast back. Second, the principle of distribution of revenue more favourable to the clubs plan. It thus enshrines the recognition of a "sui generis" form of neighbouring rights, of legal origin, granted in respect of the financial commitment to the organiser of a sports show, recognized quality only federations and leagues professional. Even if the free surrender of certain rights clubs raises the issue of a condominium between clubs and the CSA, of these rights "sui generis".
Under these new rules, the distribution of revenue is subject to a key determined by the rules of the League. In its latest version, dedicated a breakdown according to five criteria which the fame. For example, 50 of the total amount of revenues which are not subject to distribution in equal parts between the clubs are affected for 30 of the sports performance (25 by the end of the season ranking) and 5 depending on the classification of the past five seasons, and 20 on the reputation of the club (15 according to the ranking of the current season TV)(5 according to the TV ranking in five years). Lamour enforcement order to specify the conditions for the exercise of the call for tenders. He recalled the need to respect the right of competition and submits the sale of audiovisual rights in the constitution of lots, the number and consistency must take into account the objective characteristics of the market. This system thus grows the CSA and the clubs towards the goal of a sale of rights price, important consequences on the market of broadcasters and its cohort of strong tensions.
Monopoly position
Thus, the previous consultation covering the period 2004-2008 had led to a merger between Canal and GST, challenged by the CSA without success. Seized of this issue, the competition Council considered that if the power for the purchase of the thus merged entity actually a monopoly risk changing competitive market equilibrium, this balance could be offset by the possibility available to the CSA to structure the future calls for tender to maintain competition between potential broadcasters.
For the current procedure, the CSA therefore doubled the number of lots offered, to arouse the interest of mobile operators, Internet and foreign, and it uses innovative sales processes, the image of the principle of sequential auction. Thus, 12 lots have been proposed: 3 lots "premium" (the Top 10, Sunday evening and Saturday night matches), 3 lots "fans", a multiplex batch (dissemination of sequences of twenty minutes into the game), 4 lots theme magazine and a mobile package. In the end, the CSA intends to sell the lots in three stages (lots "fans", "premium", remaining lots) in two modes of auction: a simultaneous auction for lots "fans" and "premium", the other being sold lot by lot.
This complexity and the judicial fight with Canal , which borrows the practice of the pre-contractual own the right to public contracts, illustrate the growing increase in financial and legal issues.
But the announcement of the CSA in the absence of grant despite 31 bids of 9 candidates and the fact that Orange would be interested in all batches including "premium", is indicative of reasonable offers from the expectations of the LFP. The risk would be that the rights, in the end, drop despite competition orchestrated between Orange and Canal . The pressure of the big clubs to operate the direct sale of audiovisual rights may offer an explosive extension.
