Spain: Spanish National Court confirms a €15.5m fine for Telefonica for favouritism

The National Court ("Audiencia Nacional"), the Spanish criminal court, has confirmed the CNMC's sanction to impose a €10m fine on the Spanish telecommunications group Telefonica and a €5.5m fine on the pay-TV group DTS (Canal+ Spain) for their unlawful agreement on 24/07/2015. The decision can still be appealed before the Supreme Court ("Tribunal Supremo"), according to Spanish media reports on 27/01/2022.

Telefonica, which has in the meantime become the full owner of DTS, appealed against this decision. The Spanish Competition Authority criticised the two groups for having agreed on the conditions for the exclusive distribution of the Canal+ Liga and Canal+ Liga de Campeones channels on the Movistar TV package during the 2012-13 to 2014-15 seasons.

DTS had launched a call for tenders for the distribution of its channels, which clearly favoured Telefonica, which held 22% of the pay-TV group's capital at the time. DTS had also provided information to Telefonica in advance of the tender. "DTS favoured Telefonica compared to other pay-TV operators for the acquisition of its football…