El Gobierno frena la fusión de Disney y Fox y exige River y Boca en TV abierta
Según la Secretaría de Comercio, la decisión «tiene por objetivo restaurar la efectiva competencia en el mercado de comercialización de señales deportivas básicas».
La Comisión Nacional de Defensa de la Competencia acaba de emitir «el dictamen final» en torno a la operación de adquisición del control exclusivo por parte de Disney sobre Fox.
El fútbol ya tiene fixture, pero la noticia es que la AFA «echó» a Fox Sports Premium
De acuerdo a la medida, se subordina la autorización de la operación al cumplimiento de un condicionamiento, dado que infringe el artículo 8º de la Ley Nº 27.442, al disminuir, restringir o distorsionar la competencia de modo que perjudica el interés económico general.
El mencionado condicionamiento tiene por objetivo restaurar la efectiva competencia en el mercado de comercialización de señales deportivas básicas. Y consiste principalmente en poner a disposición para su transferencia a un nuevo competidor todos los derechos de transmisión relacionados a torneos y competencias deportivas de los cuales Fox era licenciante al momento de notificación de la operación. El condicionamiento de transferencia de derechos será suficiente si, como mínimo, alcanzan a los denominados «Contenidos Fundamentales».
Los «contenidos fundamentales» a transferir abarcan al menos el principal contenido deportivo de cada uno de los deportes, y son: de Torneos de Fútbol donde participan equipos de Argentina, la Copa Libertadores; Torneos de fútbol internacional, la Champions League; NFL; la MLB; Formula 1; UFC; WWE; boxeo, NBA, World Rugby Sevens; y ATP World Tour 250 y ATP Córdoba.
Concretamente, se establece que Disney deberá trasmitir de manera abierta y gratuita los contenidos relevantes de cada una de los eventos definidos dentro de los «contenidos fundamentales» hasta tanto se haga efectiva la desinversión estipulada; y trasmitir bajo esta misma modalidad dos partidos de la liga local actualmente trasmitidos por el canal Fox Sports Premium, uno de los cuales deberá ser necesariamente River o Boca.
Por otra parte, y mientras las partes no concreten la desinversión estructural requerida, deberán mantener estable para cada operador la relación existente previa a la fusión entre el precio de las señales deportivas y el precio del abono básico.
Consultados al respecto, desde Disney informaron que por ahora no van a hacer comentarios sobre el tema.
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