ABSTRACT

The newspaper industry, for example, has been the subject of a number of specialist reports in recent years, including a Competition Authority report in 1995. Issues of relevance relating to newspapers include syndication agreements, distribution agreements, newspaper pricing, and mergers. The 1995 Competition Authority interim report into the newspaper industry, for example, called upon the Minister to take action in relation to what the Authority regarded as the abuse of a dominant position, namely, the acquisition by Independent Newspapers of a substantial interest in the Irish Press. The European Court of Justice considered the grant of exclusive broadcasting rights in the Greek Television Case and stated, in essence, that such exclusive rights could constitute a breach of Art 82 (formerly 86) of the EC Treaty as an abuse of a dominant position by the undertakings to whom the rights were granted, except in a situation where the application of Art 86 (formerly 90) would impede the performance of the functions assigned to that undertaking.