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Las autoridades de la competencia expedientan ahora a Prisa y Telefónica por la guerra del fútbol

9 diciembre 2012 - 19:09 - Autor:

Como habíamos anticipado a comienzos del mes de agosto, Mediapro y el grupo Prisa estaban condenados a entenderse en la guerra del fútbol, puesto que ninguno de los dos poseía en solitario suficiente capacidad económica para hacer frente al pago de los derechos de retransmisión de la liga de fútbol.
Es cierto que la necesidad hace extraños compañeros de cama, y los otrora enemigos, acuciados por su ingente deuda, tuvieron que sentarse a negociar, aunque quedase pendiente el pago de los 97 millones más intereses a que fue condenado el grupo de Roures por arrebatarle de manera poco ortodoxa a Digital+ el control de la difusión del fútbol.
Así, el pacto establecido entre ellos –muy favorable para Prisa- pretendía dar cierta estabilidad durante las tres próximas temporadas a las retransmisiones futbolísticas. Y si bien se desconocen los términos del acuerdo, lo lógico es que el grupo de Cebrián pagase al menos la mitad del coste anual de los derechos que debe satisfacer Mediapro.
Recordemos también que el acuerdo alcanzado este verano entre Mediapro y Prisa puso a disposición de Digital+ no solo la exclusividad en la elección del mejor partido de cada jornada y la difusión de otros ocho encuentros de Primera División –aparte de asegurar la presencia de Real Madrid y F.C. Barcelona-, sino lo que es también muy importante: la exclusividad en los derechos digitales de la Liga y la Copa del Rey a través de cualquier medio de retransmisión –operadores de telefonía y cable- y en todos los lugares públicos.
De ahí que, Digital+ pudiera “revender” estos derechos a otros operadores de telefonía y cable para amortizar su inversión. Y el gran beneficiado, claro está, ha sido Telefónica, que alcanzará el 6% del capital de Prisa en el año 2014, y que ya cuenta con el 22% del capital de Digital+.
Como es lógico, la operadora ha puesto a disposición de su plataforma Imagenio no sólo Canal+ Liga, sino también los partidos de la Champions controlados por Digital+, y que se emiten en muchos casos de manera gratuita para sus abonados. La reacción, por tanto, de otros operadores como ONO, Orange y los grupos de cable regionales no se ha hecho esperar. Al verse perjudicados han reclamado a la Comisión Nacional de la Competencia, que ha actuado de manera similar a la del año 2009, cuando le había abierto expediente a Mediapro y su filial Gol TV por posibles prácticas anticompetitivas en la reventa de los derechos del fútbol.
La CNC ha ido, no obstante, más allá, al considerar también que los acuerdos alcanzados entre Mediapro y Canal + para las tres próximas temporadas también puede incluir un pacto de no competencia entre ambos que podría considerarse ilegal.
Pero respecto a este último punto, existe, sin embargo, una gran duda que nadie acierta a despejar. La pregunta del millón es si Cebrián continuará en su intento de arrebatarle a Roures los derechos de la mayor parte de los clubes, sobre todo, los del Real Madrid y F.C. Barcelona que deben ser renegociados ya el próximo año, o, si por el contrario, la guerra del fútbol mantendrá un impasse durante esta temporada y las dos próximas.
Y muchas más dudas no parecen existir. Una primera lectura de la intervención de la CNC indica que la apertura del primer expediente a Mediapro no sirvió para que se frenasen estas supuestas infracciones en la explotación del fútbol. Cabe suponer así, que este segundo expediente tampoco ayudará a arreglar los problemas entre los principales tenedores de derechos deportivos. Como es obvio, la CNC no hace milagros y hasta es ninguneada a veces por el Gobierno.
Por tanto, sin la decidida participación del Ejecutivo, posibilitando un estricto marco jurídico que contemple todos estos problemas, resultará imposible no judicializar continuamente los conflictos del fútbol y dotar de una mayor estabilidad al proceloso mundo de las retransmisiones deportivas, tan decisivo por lo demás para operadores y plataformas televisivas.
José Vicente García Santamaría


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