FTC dismisses Verticast’s collusion allegations against cable giants
THE Fair Trading Commission (FTC) has dismissed claims by Verticast Media Group Limited that the country’s largest cable operators colluded to block English Premier League (EPL) coverage, citing a lack of jurisdiction and insufficient evidence of anti-competitive conduct.
“The FTC dismissed the allegation on the basis that the alleged conduct occurred outside Jamaica’s jurisdiction,” the FTC wrote in its quarterly publication which was released late May.
It added that its review found “no prima facie evidence suggesting that the companies conspired to exclude Verticast’s content from being aired on their cable networks”.
Verticast, a Saint Lucia-registered company that once held exclusive EPL broadcast rights in the Caribbean, had accused Digicel (Jamaica) Limited, Columbus Communications Jamaica Limited (operating as Flow), and C&W Jamaica Limited of acting in concert to keep its sports channels off their Jamaican cable networks. Verticast argued that this refusal was a coordinated effort to stifle competition and restrict consumer access to premium live sports.
But the FTC said it’s investigation found that the offers for EPL carriage were made not to the Jamaican subsidiaries, but to their parent or affiliate companies abroad. “Verticast’s offers were reportedly made to parent or affiliate companies outside of Jamaica. The FTC concluded that the local subsidiaries did not have decisive influence over regional decisions. This consequently limits the FTC’s authority to intervene under Jamaican law,” the regulator stated, highlighting the challenges of regulating cross-border competition issues in the Caribbean’s fragmented media landscape.
The FTC also noted that, after examining the available evidence, it found no indication of a conspiracy or breach of the Fair Competition Act (FCA).
Verticast’s tenure as EPL rights holder ended abruptly in August 2024, a year ahead of schedule, with ESPN taking over regional broadcast duties. During its time as rights holder Verticast had struggled to secure carriage deals with the major Jamaican cable operators, leading to subscriber frustration and public complaints.
The company subsequently filed a lawsuit in the Supreme Court of Jamaica, alleging anti-competitive practices by Digicel, Flow, and C&W Jamaica. However, Verticast withdrew its urgent application for injunctive relief after losing the EPL rights, and the court later ordered the company to pay the defendants’ legal costs.
The main lawsuit continues, with a case management hearing which took place in February 2025.