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Case Alert
Date of release: 18 December 2023
The following Case Alert serves as an explanatory note to assist the media in reporting on this case and is not binding on the Competition Tribunal or any member of the Tribunal
eMedia channels to remain on DStv for now
as Tribunal extends interim relief
 
The Competition Tribunal (“Tribunal”) has granted an application by eMedia Investments (Pty) Ltd (“eMedia”) to extend an interim relief order granted against MultiChoice (Pty) Ltd (“MultiChoice”).
 
This means that eMedia’s television channels E.tv Extra, eToonz, eMovies and eMovies Extra are to remain on the DStv broadcast satellite platform (owned by MultiChoice) for now.
 
The interim relief (granted by the Competition Appeal Court on 1 August 2022, following an appeal against the Tribunal’s decision not to grant interim relief) interdicts MultiChoice from removing the four eMedia channels from the DStv bouquets which they form part of.
 
The interim order was first extended by the Tribunal, by agreement between eMedia and MultiChoice, until 31 July 2023.
 
The Tribunal’s order further extends the interim relief for a period of six months from today or pending the conclusion of a hearing into the complaint referral filed by eMedia with the Tribunal, whichever occurs first. MultiChoice opposed the extension application.
 
The Tribunal’s reasons for its decision will be issued in due course.
 
Background
 
MultiChoice had, since 2017, acquired, marketed and distributed the four eMedia channels on DStv in terms of an agreement which commenced in March 2017 and ended in March 2022. According to MultiChoice, it decided not to renew the channels for commercial reasons. eMedia argues that MultiChoice’s refusal to carry the channels amounts to an abuse of dominance in contravention of the Competition Act. 
 
The Commission has non-referred the complaint. eMedia subsequently self-referred the matter to the Tribunal. The hearing of the matter is to take place in August 2024.
 
Issued by:

Gillian de Gouveia, Communications Manager
On behalf of the Competition Tribunal of South Africa
Tel: +27 (0) 12 394 1383
Cell: +27 (0) 82 410 1195
E-Mail: GillianD@comptrib.co.za
Twitter: @comptrib
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ctsa@comptrib.co.za

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