The National Commission for Markets and Competition (CNMC) has opened disciplinary proceedings against Telefónica de España for possible breach of the commitments acquired within the framework of the concentration operation of DTS, parent company of the former Canal+, carried out in 2015 .
The regulatory authority indicates that this resolution is part of its surveillance work to verify that Telefónica complies with the commitments offered for the approval of the taking of exclusive control of DTS (the former Sogecable), as indicated this Friday in a statement. The obligations assumed by Telefónica are intended to preserve competition in the markets affected by the concentration operation.
On April 22, 2015, the CNMC authorized the concentration operation, conditional on Telefónica fulfilling a series of commitments, extended for an additional period of three years in 2020. Among these obligations for Telefónica is the submission of information. In this case, the regulator argues that the sanctioning file was initiated because the regulatory authority itself, in July 2021, declared the existence of indications of non-compliance with said obligation to submit information. In this case, it was essential information to verify compliance with the commitment that guarantees the effective replicability by third-party pay television operators of the retail offers that include the channels. premium of Telefónica object of the wholesale offer. The CNMC specifies that the initiation of this file does not prejudge the final result of the investigation. A maximum period of three months is now opened for the investigation of the file and for its resolution.
The body chaired by Cani Fernández has already imposed a penalty of 15.5 million euros on Telefónica and the former DTS for the agreements that were formalized in the summer of 2012 for the broadcasting rights of LaLiga and the Champions League during the following three seasons , when the operator had not yet acquired the pay television platform.
Likewise, it fined Telefónica 1.5 million euros in 2019 for failing to comply with one of the conditions of its merger with DTS, regarding the prices it charged its rivals for the Movistar el Partidazo channel in the 2016/2017 season.
Endesa and La Caixa sanctions
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The CNMC has sanctioned Endesa this Tuesday with a total amount of 4.9 million euros for the commission of two constitutive infractions of abuse of dominant position in two access nodes to the electricity transmission network. The company will appeal the sanction before the National High Court.
Another body, the National Securities Market Commission (CNMV) has sanctioned CaixaBank this Thursday with 3.25 million euros for failing to comply with a series of obligations in relation to an issue of structured bonds.
