Sanoma Media Finland filed a complaint to the European Commission arguing that Yle Areena’s extended online availability of video-on-demand (VOD) and Yle’s learning materials exceeded the broadcaster’s public service remit, which constituted a substantial alteration of the existing aid under EU State aid rules. The complaint further claimed that Areena’s functionalities and content offerings, which resembled those of commercial platforms, disrupted competition by crowding out commercial providers.
Both the complainant and the State of Finland submitted economic arguments and evidence over the course of the process. The Finnish authorities’ economic submissions, prepared by Copenhagen Economics, addressed the estimated market impacts on commercial providers, the alleged commercial nature of Yle’s content, and Yle’s behaviour in content acquisitions.
The European Commission concluded that the public funding of Yle’s VOD and online learning services constitutes existing aid, and the services do not qualify as substantial alteration of the aid. In line with our findings, the Commission also found that the market impacts of both Yle Areena and Yle’s learning were far less significant than alleged. The complainant has appealed the decision.
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