Competition Tribunal orders DStv to keep carrying the E-tv channels it wants to drop
The Competition Tribunal has granted an application by eMedia to extend an interim relief order granted against MultiChoice by six months.
This will ensure that four eMedia channels – E.tv Extra, eToonz, eMovies, and eMovies Extra – will remain on DStv for this period.
MultiChoice had carried these channels on DStv as part of a five-year commercial agreement that spanned March 2017 until March 2022.
It then decided not to renew the channels – claiming that this was for commercial reasons.
However, eMedia argues that refusing to carry the channels is an abuse of dominance in contravention of the Competition Act.
Legal processes are ongoing that will determine whether MultiChoice will be forced to continue carrying the four eMedia channels in question.
Legal battle
The Competition Tribunal initially ruled in favour of MultiChoice and said eMedia’s complaint does not meet the requirements for exclusionary conduct.
This is despite eMedia claiming it would lose up to 19% of its advertising revenue should the channels be suspended.
MultiChoice contested eMedia’s complaints by arguing that there are several other platforms available to the broadcasting company – including online, on South Africa’s digital terrestrial television platform, and eMedia’s own satellite platform, Openview.
After the Competition Tribunal ruled against eMedia, it took the matter to the Competition Appeal Court – and the hearing is set to take place in August 2024.
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