Partial victory for TSR against M6
The French-speaking Swiss television station TSR has won a partial victory in the dispute over the Swiss advertising window of its French competitor M6. The Federal Supreme Court has obliged the Fribourg judiciary to reassess the matter.
The French-speaking Swiss television station TSR has won a partial victory in the dispute over the Swiss advertising window of its French competitor M6. The Federal Court has ordered the Fribourg judiciary to reassess the matter. The M6 channel has been broadcasting two signals in parts of French-speaking Switzerland since fall 2001. The second signal broadcasts the Swiss advertising windows. In TSR's view, M6 is engaging in unfair competition with these advertising blocks aimed at the Swiss market.
The SRG broadcaster also argues that M6 is leveraging the exclusive broadcasting rights acquired from TSR for various films and series. Last January, the Fribourg cantonal court ruled against TSR and stated that French-speaking Swiss television must turn to the sellers of the broadcasting rights (see
). The Federal Supreme Court only partially upheld TSR's appeal against this decision and referred the matter back to the Fribourg Cantonal Court for a reassessment. As only a draft of the decision is available, it remains unclear for the time being on which points TSR has been vindicated.
The SRG broadcaster also argues that M6 is leveraging the exclusive broadcasting rights acquired from TSR for various films and series. Last January, the Fribourg cantonal court ruled against TSR and stated that French-speaking Swiss television must turn to the sellers of the broadcasting rights (see
). The Federal Supreme Court only partially upheld TSR's appeal against this decision and referred the matter back to the Fribourg Cantonal Court for a reassessment. As only a draft of the decision is available, it remains unclear for the time being on which points TSR has been vindicated.
