The holder of the Court number 4 of the mercantile of Madrid forces Sogecable to keep on giving his service to Intereconomy TV and to which supports the emission of his sign in the platform “en the terms and conditions foreseen in the contract ”.

As he gathers the web of Intereconomy TV, like declaration before to the judgment that in due time it produces on this case, the judge thinks that it gives priority facie to the Sogecable “supone conduct an abuse of position of domain in the platform of satellite of Spain (...) that would put in serious risk his labor stability and his viability as mass communication media on the market ”.

The magistrate bases his Edict in that Sogecable (Channel proprietress +, Digitalis + and Four) keeps on being a leader of the Spanish television of payment with 79,8 % of the entire income, “un even major percentage that one with which the European Commission attributed the condition to him of domineering ” (77,3 %). “Sogecable he monopolizes 57,1 % of the Spanish subscribers of tv of payment ” and “sus income on the set of the tv of payment was, in 2006, of 78 % ” (75,3 %, in 2005).

The judicial decision argues that “Sogecable it has a capacity satelital entirely available (can express in 300 channels); as well as that the Intereconomy expulsion would mean “la elimination of the competence in the informative channel of that one, CNN + and the disappearance of the offer independent from the actora (Intereconomy TV) ”. The judge considers that the emission across other platforms as ONO IMAGENIO Y ORANGE cannot be considered to be an alternative to the emission by the Sogecable platform.

Finally, the Edict affirms that “un television channel supports his interest while it makes his hearing faithful. If Sogecable was interrupting the Intereconomy emission it would bear the interruption of the relation of intereconomy TV and the citizens whom every day he informs cercenando his right after the information receives that every day TV comes to them across the sign of Intereconomy ”.


(28/11/07)