The Seven Network has made no apologies for appealing the original negative judgment in its case against News Limited.
In a statement, Seven Network said it was considering the 340 page judgment of the full Federal Court in its pay television access case in which Seven’s appeal was dismissed.
“In Seven’s opinion, the importance of the issues to its business justified pursuing this appeal, given that costs in appeals are far more contained as they focus on legal analysis,” the company said.
The original case related to the behaviour of Foxtel/Fox Sports in connection with their acquisition of the pay television rights for coverage of the AFL Competition in the years 2002 to 2006 and for coverage of the NRL Competition in the years 2001 to 2006.
Seven claimed that Foxtel/Fox Sports had acquired both the AFL and NRL rights in order to put Seven Network’s C7 channel out of business so that Fox Sports could dominate the market for supplying sports channels to pay television suppliers Foxtel, Optus and Austar so that Foxtel could dominate the market for the supply of pay television services to subscribers.
In their decision to dismiss the appeal, justices Mansfield, Dowsett and Lander JJ of the Australian Federal Court said that it upheld Justice Sackville’s original dismissal of Seven’s case, although its reasons for doing so differed to some extent from Sackville’s.