Anti-trust investigation may influence future of SporTV

Lawyers and other experts who are keeping tabs on the dispute over the exclusivity of the SporTV channel involving anti-trust agencies in Brasília are beginning to wonder whether Neo TV?s complaint will be weakened by the mooted association between SporTV and TV Globo. Neo TV, a programming purchasing group that mainly comprises independent operators, applied some time ago to the Justice Ministry?s economic law department (Secretaria de Direito Econômico, SDE) for an order abolishing the channel?s exclusivity. It also asked SDE to prohibit material changes in the programming grid while the investigation is under way. For the authorities involved, however, it?s practically impossible to meet this demand, which would require complex monitoring of the channel. SporTV has changed its programming grid since SDE began the investigation: new attractions have been introduced and others have been transferred to pay-per-view channels. SDE has asked the Finance Ministry?s economic surveillance department (Secretaria de Acompanhamento Econômico, SEAE) to conduct a detailed inquiry and will then forward the case for adjudication to the competition tribunal (Conselho Administrativo de Defesa Econômica, CADE). If the mooted association between TV Globo and SporTV materializes, features may be redistributed between the broadcaster and the pay-TV channel, involving more changes in programming. NeoTV?s complaint against SporTV?s exclusivity could be a stumbling-block.

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