Channel 4 Television Corporation

Channel 4 Television Corporation (the applicant) sought judicial review of a decision by the Australian Competition and Consumer Commission (the respondent) to grant authorisation for a proposed joint venture between Foxtel and Fox Sports. The dispute concerned whether the proposed joint venture would substantially lessen competition in the Australian market for the supply of sports broadcasting rights. The application was heard by the Federal Court of Australia.

The primary legal issue before the Court was whether the Australian Competition and Consumer Commission (ACCC) had erred in law in its assessment of the likely impact of the proposed joint venture on competition. Specifically, the Court was required to consider whether the ACCC had correctly applied the principles of the *Competition and Consumer Act 2010* (Cth) in determining that the joint venture was unlikely to substantially lessen competition in the relevant markets. This involved an examination of the ACCC's findings regarding market definition, market power, and the potential for anti-competitive effects.

The Court's reasoning focused on the ACCC's assessment of the competitive landscape and the potential for the joint venture to leverage market power. It considered the ACCC's analysis of the substitutability of different sports broadcasting services and the ability of consumers to access content through various platforms. The Court ultimately found that the ACCC's decision was not vitiated by any error of law, upholding the ACCC's conclusion that the proposed joint venture was unlikely to result in a substantial lessening of competition.

The application for judicial review was dismissed.