Could pubcasting cases benefit Sky?

The so-called ‘pubcasting’ cases refer to pub landlords showing live football matches by subscribing to services from outside the UK rather than obtaining a license from Sky.   They were discussed by Daniel Geey, a solicitor from Field Fisher Waterhouse at last week’s Sport and the European Union conference.

The so-called ‘pubcasting’ cases refer to pub landlords showing live football matches by subscribing to services from outside the UK rather than obtaining a license from Sky.   They were discussed by Daniel Geey, a solicitor from Field Fisher Waterhouse at last week’s Sport and the European Union conference.


The first stage of the legal process in the European Court of Justice (ECJ) is a legal opinion given by the Advocate General.   That is expected any time soon in the QC Leisure and Murphy decoder cases.   What is at issue is the battle between rights holders such as Sky to want to maintain their positon in a particular country versus the European Union’s overrding objective of removing barriers to the free movement of goods and services.


The eventual answer of the ECJ will either alleviate right holders’ fears about their lucrative (but expensively acquired) entitlements or open up a Pandora’s box for lawyers and politicians.   The ECJ coud hold that the Premier League’s distribution model falls foul of the EU free movement and/or competition rules.


This could have the unintended effect of consolidating Sky’s grip on the European sports broadcasting market given its resources and European wide reach.   We may be approaching the equivalent of a Bosman decision for the EU sports broadcasting market with far-reaching and uncertain consequences.