Description of the conduct or proposed conductUPST will provide acces - PDF document

1 Description of the conduct or proposed c
Description of the conduct or proposed conduct:UPST will provide access to the Hayu Service to a limited number ofeligible Foxtel subscribers who subscribe to the Foxtel Plus Service("Eligible Subscribers"). Access to the Hayu Service in Australia willbe via the Internet, by means of a Hayu App or a dedicated webpage,in both cases created and maintained by UPST.Access to the Hayu Service under the arrangements described in thisnotification will be limited to Foxtel subscribers who subscribe to theFoxtel Plus Service only. However, for the avoidance of any doubt, theFlayu Service will continue to be made available to non-Foxtelsubscribers, who will be able to subscribe to the Hayu Service fromUPST directly. Eligible Subscribers will also be able to subscribe tothe Hayu Service from UPST directly and independently of thearrangement with Foxtel that is the subject of this notification.Persons, or classes of persons, affected or likely to be affected by thenotified conductClass or classes of persons to which the conduct relates:Eligible Subscribers who wish to take advantage of the offer.Number of those persons:(Refer to direction 6)(i) At present time: None(ii) Estimated within the next year: Substantially more than 50Where number of persons stated in item 3 (b) (i) is less than 50, their namesand addresses:Not applicable.Public benefit claimsArguments in support of notification:(Refer to direction 7)The proposed conduct will benefit the public in the following ways:© Existing and new Eligible Subscribers who opt to take advantage ofthe offer will be provided with access to the Flayu Service as p

2 artof their subscription to the Foxtel P
artof their subscription to the Foxtel Plus Service© Increased consumer awareness of the Hayu Service offered byUPST, and the range of additional content offered through theHayu Service and Foxtel Plus Service.Page 2 of 5 © Encouraging competitors in the relevant markets for subscriptionvideo on demand services to develop new means and arrangementsby which their services and content can be made available to thepublic.(b) Facts and evidence relied upon in support of these claims:UPST submits that no anti-competitive effects are likely to result fromthe proposed conduct. Nonetheless, UPST submits that the followingfacts and evidence provides support for the public benefits identified at(a) above.The proposed conduct will:(i) not impose an obligation on Eligible Subscribers to take up theoffer;(ii) enable Eligible Subscribers who decide to take up the offer toaccess a range of additional on demand content provided by theHayu Service for no additional charge and as part of theirFoxtel subscription5. Market definitionProvide a description of the market(s) in which the goods or services describedat 2 (a) are supplied or acquired and other affected markets including:significant suppliers and acquirers; substitutes available for the relevant goodsor services; any restriction on the supply or acquisition of the relevant goodsor services (for example geographic or legal restrictions):(Refer to direction 8)The relevant markets include the market(s) for:© subscription television services;© subscription video on demand services.Competition in each of these markets is vigorous.6. Public detriments(a) Detrim

3 ents to the public resulting or likely t
ents to the public resulting or likely to result from the notification, inparticular the likely effect of the notified conduct on the prices of the goodsor services described at 2 (a) above and the prices of goods or services inother affected markets:(Refer to direction 9)UPST does not consider there to be any public detriment resultingfrom the proposed conduct. Eligible Subscribers are free to choosewhether to accept the offer to subscribe to the Hayu Service andconsumers are not forced to subscribe to the Foxtel Plus Service asthey can continue to subscribe to the Hayu Service independently ofthe notified arrangement.Page 3 of 5 (b) Facts and evidence relevant to these detriments:Not applicable7. Further information(a) Name, postal address and contact telephone details of the person authorisedto provide additional information in relation to this notification:Fernand AlbertoHead, Legal & Business Affairs, APACNBC Universal International10 Anson Road#06-01 International PlazaSingapore 079903Phone: +65 6675 1219Email: Fernand.Alberto@nbcuni.comDated i. L /.Ll.i 11. :6..Signed1—, 0,1 pplicant(Signature)Hendrik McDermottUniversal Pictures Subscription Television LimitedDirectorPage 4 of 5 DIRECTIONS1. In lodging this form, applicants must include all information, including supportingevidence that they wish the Commission to take into account in assessing theirnotification.Where there is insufficient space on this form to furnish the required information,the information is to be shown on separate sheets, numbered consecutively andsigned by or on behalf of the applicant.2. If the notice is given by

4 or on behalf of a corporation, the name
or on behalf of a corporation, the name of the corporationis to be inserted in item 1 (a), not the name of the person signing the notice, andthe notice is to be signed by a person authorised by the corporation to do so.3. Describe that part of the business of the person giving the notice in the course ofwhich the conduct is engaged in.4. If particulars of a condition or of a reason of the type referred to in section 47 ofthe Competition and Consumer Act 2010 have been reduced in whole or in part towriting, a copy of the writing is to be provided with the notice.5. Describe the business or consumers likely to be affected by the conduct.6. State an estimate of the highest number of persons with whom the entity givingthe notice is likely to deal in the course of engaging in the conduct at any timeduring the next year.7. Provide details of those public benefits claimed to result or to be likely to resultfrom the proposed conduct including quantification of those benefits wherepossible.8. Provide details of the market(s) likely to be affected by the notified conduct, inparticular having regard to goods or services that may be substitutes for the goodor service that is the subject matter of the notification.9. Provide details of the detriments to the public which may result from the proposedconduct including quantification of those detriments where possible.Page 5 of 5 N99095 Form GCommonwealth of AustraliaCompetition and Consumer Act 2010 — subsection 93 (1)NOTIFICATION OF EXCLUSIVE DEALINGTo the Australian Competition and Consumer Commission:Notice is hereby given, in accordance with subsection 9

5 3 (1) of the Competition andConsumer Act
3 (1) of the Competition andConsumer Act 2010, of particulars of conduct or of proposed conduct of a kindreferred to subsections 47 (2), (3), (4), (5), (6), (7), (8) or (9) of that Act in which theperson giving notice engages or proposes to engage.PLEASE FOLLOW DIRECTIONS ON BACK OF THIS FORM1. Applicant(a) Name of person giving notice:(Refer to direction 2)Universal Pictures Subscription Television Limited (UK CompanyRegistration Number 05942255) with registered office at 1 Central SaintGiles, St Giles High Street, London, WC2H 8NU ("UPST").(b) Short description of business carried on by that person:(Refer to direction 3)UPST's business includes the provision of subscription audio visual servicesincluding Hayu, an international subscription on demand service currentlyavailable to subscribers in the United Kingdom, the Republic of Ireland andAustralia ("Hayu Service").(c) Address in Australia for service of documents on that person:Universal Pictures Subscription Television Limitedc/o NBC Universal Global Networks Australia (Services) Pty Limited1 Munn Street, Millers Point NSW 2000Attention: Head of Legal & Business AffairsCopy to: Dave Poddar, Clifford Chance, Level 16, 1 O'Comiell Street, SydneyNSW 20002. Notified arrangement(a) Description of the goods or services in relation to the supply or acquisitionof which this notice relates:This notice relates to the provision of UPST's Hayu Service to eligiblesubscribers of Foxtel Management Pty Limited's (on behalf of theFoxtel Partnership) ("Foxtel") "Entertainment Plus package"subscription television services ("Foxtel Plus Service").Page 1 of 5