10 Points for Fox

Table of Contents

Share at:

Proposition and Judgement

Foxtel has recently revealed that it is interested in acquiring up to 15% of Ten, with Ten similarly proposing to acquire a 24.99% stake in Foxtel’s advertising agency Multi-Channel Network (MCN), with the additional option to acquire 10% of Presto.

Once these propositions were made public, numerous concerns surfaced, specifically regarding the lessening of competition within the free-to-air network. These concerns had extended to the Australian Competition and Consumer Commission (ACCC). The ACCC’s Chairman Rod Sims responded with considerations that acknowledged a greater alignment of interests between Foxtel and Ten, however noting that the acquisitions on their own are unlikely to result in a substantial lessening of competition.

These concerns pertain to whether the proposal could increase the amount of sport shown exclusively on Foxtel, and whether the supplemented financial injection could give Ten a greater advantage over its free-to-air competition when it comes to securing sport broadcast rights. Additionally, the ACCC considered whether joint bids for rights from Foxtel and Ten could represent a way around the rule that pay-TV operators cannot bid for listed sports before free-to-air broadcasters have had a chance to buy them.

Interestingly, Sims responded to these concerns with: “The ACCC has not found sufficient evidence” to justify any link between these minor acquisitions and potential inhibitions on the competitive nature within the free-to-air network. Sims did note that the ACCC will keep a close eye on any future increases in these shareholdings due to changes in media diversity and control rules.

The ACCC’s judgement was predominantly derived on the various submissions it encountered, as a direct response to the statement of issues. In its final judgements, the ACCC concluded that “the other free-to-air television networks, pay television providers and online service providers will continue to have sufficient alternatives to allow them to obtain content that is attractive to their viewers”.

Still speculative on Ten and Foxtel’s proposed acquisitions? Let us know your thoughts by tagging us #lawpath or @lawpath.

Share at:

Simplify creating legal documents today

Browse through Lawpath's AI tools which can be used to draft, review and refine legal documents today!

Related Articles

Are Uber Drivers Employees?

Uber's popularity in the Australian market is increasing at an unprecedented rate. So are Uber drivers employees? Read our guide to find out.

Am I Still Covered by an Award if I Sign an Employment Contract?

Unsure about what an award is or whether it applies to you if you sign an employment contract? Keep reading to find out more.

A Guide on Joint Ventures for Australian Businesses

Considering a joint venture? Learn about types, advantages, setup processes, and key considerations for successful business collaborations in Australia.

How Do I Add a Director to My Company?

If your company is expanding, evolving, or changing direction, you might wonder how to add a director to the company. Here is our step-by-step legal guide!

How to Set Up a Family Trust (2026 Update)

Complete guide on setting up a family trust in Australia. Covers the step-by-step process, choosing a trustee, tax rules, benefits for asset protection, and costs.

What Does Commercial in Confidence Mean? (2026 Update)

'Commercial in confidence' is information which is disclosed on the assumption of confidentiality. Find out more in this article.