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05-10-2012, 05:09 PM
An Oxymoron
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Join Date: May 2007
Location: Finland
Country: Finland
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Originally Posted by Misleader View Post
How all of this fit to free movement of services in the EU?
Not much, but there is that one EU case where Sky sued a British bar for showing Greek satellite channels.

8. Question 10 in Case C‑403/08 and Question 8 in Case C‑429/08:

Where a programme content provider enters into a series of exclusive licences each for the territory of one or more Member States under which the broadcaster is licensed to broadcast the programme content only within that territory (including by satellite) and a contractual obligation is included in each licence requiring the broadcaster to prevent its satellite decoder cards which enable reception of the licensed programme content from being used outside the licensed territory, such licence agreements are liable to prevent, restrict or distort competition. They are therefore incompatible with Article 101(1) TFEU; it is not necessary to show that such effects have actually occurred. *

* You can get that in your native language by changing the "EN" in the URL...

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