R v Independant Television Commission, Ex Parte TVDanmark 1 Ltd

Article 3a(3) Television Without Frontiers Directive 89/552 EEC (amended by Directive 97/36/EC)was clear that the result to be achieved in an auction of the rights to broadcast sporting events was to prevent the exercise by broadcasters of exclusive rights in such a way that a substantial proportion of the public in another member state was deprived of the possibility of following a designated event. It was not enough simply to give public broadcasters the possibility of buying the rights at a fair auction.