OzTAM Pty Limited (OzTAM) and its shareholders, Seven Network (Operations) Limited (Seven), Nine Network Australia Pty Ltd (Nine) and Network Ten Pty Limited (Ten), have provided to the ACCC an undertaking pursuant to section 87B of the Trade Practices Act 1974 to address the ACCC's concerns that the structure and operation of OzTAM has the potential to facilitate:
OzTAM shareholders engaging in anti-competitive conduct;
OzTAM shareholders entering into anti-competitive agreements; and/or
competitively sensitive information regarding free-to-air (FTA) broadcasting operations of the OzTAM shareholders being shared with competitors.
According to the undertaking provided to the ACCC, Seven, Nine and Ten will take a number of steps to address the ACCC's concerns, including:
procuring the necessary amendments to OzTAM governance arrangements to give effect to the undertaking;
procuring the appointment to the OzTAM Board of an independent director who will be the chair of the OzTAM Board and have a casting vote in relation to certain matters;
ensuring that OzTAM management is authorised to break out and separately report new Digital Channels upon request by any FTA broadcaster without Board or shareholders approval;
ensuring that OzTAM management is authorised to certify compliance of OzTAM and OzTAM's rating services company with Technical Specifications without requiring Board or shareholder approval;
taking reasonable steps to ensure that certain competitively sensitive information is not shared between OzTAM directors/ shareholders;
procuring regular trade practices compliance training of employees appointed to OzTAM roles and nominee directors with a focus on compliance risks arising from joint ventures.
According to the undertaking provided to the ACCC, OzTAM will:
ensure that certain competitively sensitive information is not shared between OzTAM directors/ shareholders;
procure regular trade practices compliance training of staff and directors with a focus on compliance risks arising from joint ventures.