Foxtel Management Pty Ltd - variation - s.87B undertaking

On 24 July 2013, the ACCC consented to a variation to the section 87B Undertaking given by FOXTEL Management Pty Ltd (for and on behalf of the FOXTEL Partnership) on 9 April 2012. The objective of the Undertaking was to address the ACCC’s concerns about competitive detriment that would otherwise arise as a result of FOXTEL’s acquisition of Austar United Communications Limited. This variation was executed by the ACCC on 29 July 2013.

On 28 June 2013, News Corporation split into two separate entities, Twenty-First Century Fox Inc and the new News Corporation, with the FOXTEL assets being held by the new News Corporation. Following the split, Twenty-First Century Fox Inc is not an Ultimate Shareholder of FOXTEL. As a result, the Undertaking would prevent FOXTEL from entering into exclusive agreements for content supplied by Twenty-First Century Fox Inc, which prior to the split, it was entitled to acquire from News Corporation and its affiliates on an exclusive basis.

The purpose of the variation is to permit FOXTEL to enter into exclusive arrangements for content supplied by Twenty-First Century Fox Inc that, prior to the split of News Corporation, was being supplied to FOXTEL by News Corporation and its affiliates on an exclusive basis, namely FOX News, FX, FX HD and Baby TV.