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BSkyB likely to appeal against Hutton ruling on ITV stake


BSkyB looks likely to launch a legal appeal after business secretary John Hutton John Hutton may refer to:
  • John Hutton (artist) (1906–1978), famous for glass engravings at e.g. at the Shakespeare Centre at Stratford upon Avon or at Coventry cathedral.
 yesterday supported the Competition Commission's ruling that it must sell more than half its stake in ITV (1) See interactive TV.

(2) (iTV) The code name for Apple's video media hub (see Apple TV).
 as the shareholding results in "a substantial lessening of competition" in the TV market.

The satellite broadcaster, in which Rupert Murdoch's News Corp empire is the major shareholder, has until February 25 to mount an appeal and is expected to spend at least the next two weeks poring over Hutton's ruling. But some of the company's non-executive directors A non-executive director (NED, also NXD) or outside director is a member of the board of directors of a company who does not form part of the executive management team. He or she is not an employee of the company or affiliated with it in any other way.  are already supportive of legal action.

Separately, Sky said yesterday that it will recognise a £343m loss on the whole 17.9% stake in its results for the six months to end December, due next week, because of ITV's plunging share price.

It snapped up 696m ITV shares in a dawn raid Dawn Raid

The action of a firm or investor buying a substantial amount of shares in a company (making it a target firm) first thing in the morning when the stock markets open. This is done by a stock broker acting on behalf of a company.
 over a year ago. The raid scuppered Sir Richard Branson's ambition to merge his Virgin Media empire with Britain's largest commercial broadcaster. The shares were bought at 135p each but have since plummeted. Yesterday, they closed at 73.5p meaning Sky faces a loss of £249m if it has to comply with the commission's ruling and reduce its stake.

ITV bosses feared Sky could have a blocking vote if they needed to seek shareholder support for a fund-raising. Sky tried to persuade the commission and Hutton that it should be allowed to place the shares in an independent voting trust A type of agreement by which two or more individuals who own corporate stock that carries voting rights transfer their shares to another party for voting purposes, so as to control corporate affairs. . In his ruling Hutton agreed with the commission that Sky "would still be in a position to influence future transactions involving ITV - for example by choosing whether or not to sell its shares to a third party - whereas a partial or full divestment divestment to strip one's investment from an entity.  removed that economic interest in respect of the shares that are divested."

ITV yesterday welcomed Hutton's decision but privately some executives had hoped Sky would have to sell its entire holding. Selling down to below 7.5% will put Sky on a par with ITV's other main shareholder, US investment group Brandes, which actually sold part of its stake to BSkyB in the first place.

Gerry Morrissey Gerry Morrissey (born c. 1960) is a British trade unionist and the current General Secretary of BECTU.

Born in Tipperary, County Tipperary in the Republic of Ireland, Morrisey began his career as a catering buyer at the BBC, joining the Association of Broadcasting Staff in
, general secretary at broadcasting union Bectu, said the stake "has had the effect of holding ITV back at a critical time in its development" and a forced sale frees the company to "continue its investment in programmes to compete effectively with the BBC BBC
 in full British Broadcasting Corp.

Publicly financed broadcasting system in Britain. A private company at its founding in 1922, it was replaced by a public corporation under royal charter in 1927.
 and other UK broadcasters".
Copyright 2008 guardian.co.uk
No portion of this article can be reproduced without the express written permission from the copyright holder.
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Author:guardian.co.uk
Publication:guardian.co.uk
Date:Jan 30, 2008
Words:396
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