GAAGO is now subject to a competition watchdog inquiry launched in May, examining whether RTÉ and the GAA had gone beyond the original terms of the 2017 Determination of Merger Notification, which approved the streaming service.

The inquiry will determine if the channel is in contravention of competition, consumer, and merger laws, and if so, will have the power to block or change how the business is operated into the future.

Details in the original Notification, under Section 21 of the Competition Act 2002, sets out that the RTÉ-GAA joint venture “will not be to substantially lessen competition in any market”.

The document, which the CCPC shared with 'The Pitch', states that “the Joint Venture only concerns the licensing of international digital media rights and, therefore, customers in the State are entirely unaffected” by GAAGO.

When asked by 'The Pitch' for comment about the Commission inquiry, RTÉ said it was “of the view that CCPC approval was not needed” and denied it was being investigated.

In a follow-up statement, RTÉ added: “RTÉ and GAAGO gave considerable thought to whether clearance or approval was needed over several months prior to its 2023 coverage of domestic games, and we were of the view that it did not require approval giving careful regard to competition law.” 

However, the CCPC told the Irish Examiner last week that it believes that competition law, which it administers, may have been breached when GAAGO launched into the Irish marketplace this year.

“Earlier this summer, the CCPC opened an inquiry into GAAGO when it became apparent that the activities of the joint venture may have been extended beyond those notified to and cleared by the CCPC in 2017,” it said in a statement last Thursday.

Yesterday the CCPC added that its probe is “ongoing and there is no set timeframe in which it must conclude”.

So why did RTÉ and GAAGO ignore the clearly stated rules as set out by the CCPC in their original directive?

One reason might be down to time pressures — GAAGO was only launched in Ireland weeks before the GAA season, after being rushed to market when Sky Ireland decided not to continue with its rights deal into another five-year contract.

An application to, and a ruling by, the CCPC would have taken considerable time to assess and interrogate if the service was fair or anti-competitive. Virgin Media believes GAAGO is not a fair competitor to independent broadcasters like itself.

Another possibility is that GAAGO decided to circumnavigate the approval process on the basis that it believes it may not be retrospectively sanctioned, once the service was up and running.

Whatever the reasons for such jeopardy, the gamble has paid off in the short-term, with Year 1 revenues of €4m flowing into GAAGO coffers following a successful season of subscriptions and sales.

RTÉ’s continual insistence that it is not subject to a CCPC investigation is curious, indeed it has told the Irish Examiner — despite confirmation to the contrary from the CCPC — that such suggestions are “entirely inaccurate and is categorically rejected”.

Niamh Smyth — chairwoman of the joint Oireachtas media and sport committee — said it was “very disappointing” that RTÉ had found itself at the centre of an inquiry into GAAGO.

“I think we’re back to the very same old chestnut about openness and transparency, and governance really, when it comes down to it,” she told RTÉ on Sunday.

“It’s disappointing for everyone, I’m sure, to hear that there is an inquiry under way, but I think it’s important that we have that openness and transparency.” 

The issue was first raised at the media and sport committee on July 12, when Sinn Féin TD Imelda Munster asked Declan McBennett, RTÉ’s director of sport, if RTÉ was operating a paywall system “without clearance from the CCPC”?

“No,” responded Mr McBennett, before explaining that the station had kept the CCPC up to date “on everything that was going on”.

When asked for a second time: “Factually, factually now Mr McBennett, you’re operating that without clearance, as it stands at this minute, from the CCPC?” 

The RTÉ Sport lead executive then confirmed: “My understanding is that clearance has not been formalised with regard to the CCPC.” 

He was then asked again if RTÉ is “operating without clearance” and when met with a pause, the committee member continued: “It’s easy to say yes”, to which Declan McBennett confirmed finally, with a “Yes”, before adding: “Correct”.

Gambling laws will not prevent Premier League coverage here 

Panic averted — coverage of the Premier League will remain unaffected by the proposed ban on gambling firm advertising, the Department of Justice has confirmed to 'The Pitch'.

Last week concerns were raised by the Irish Bookmakers Association (IBA) as the Gambling Regulation Bill completed the latest phase of its legislative journey, before being passed into law after the summer recess.

The IBA pointed to Section 141 (1) of the ‘general scheme’ (draft bill) which stated a ban on advertising “on television, radio, or an on-demand audiovisual media service between the hours of 5.30am and 9pm”.

Such provision, said the IBA “would, if not amended, prevent the broadcasting of live sport in Ireland from other jurisdictions where gambling advertising is visible”.

“It leaves open the possibility that, for instance, Premier League football will not be permitted to be shown to customers in Ireland,” said Sharon Byrne, chairwoman of the Irish Bookmakers Association.

In a statement to this column, the Department of Justice clarified the situation and said the clause did not mean that a ban would be imposed on football coverage from the UK and other jurisdictions where gambling advertising is permitted.

“These provisions are not intended to apply to incidental visibility of gambling providers’ logos or websites during coverage of events, such as, for example, on jerseys worn by attendees at football matches or other sporting events, on jumps or hoarding at racecourses or in football stadiums,” said the DOJ.

“The minister [of State James Browne] is aware of concerns, such as the one raised in this query, and he and officials are continuing to consider these provisions in this context.” 

So what can we expect from the Gambling Regulation Bill when it comes to advertising?

Certainly a heavily regulated marketing environment where all digital and broadcast branding will be banned during certain hours of the day — but it’s still unclear how that will affect betting company websites and even shopfront branding.

“The Gambling Regulation Bill 2022 will cover gambling online and in person, and include powers to regulate advertising, gambling websites, and apps,” continued the Department of Justice statement.

“A key focus of the bill is to protect children and vulnerable people from the harms associated with gambling.” 

The Gambling Regulation Bill has now completed all preliminary phases of its route into law, prior to being passed by the houses of the Oireachtas into legislation “once the legislative process [resumes] once the Dáil returns in the autumn”.

What a difference a tournament makes for FAI

THE FAI has confirmed that just its president and chief executive will represent the association’s board at the Fifa Women’s World Cup in Australia.

Gerry McAnaney and Jonathan Hill’s low-key support is a far cry from the madness of Uefa Euro 2016, when a melee of directors and their wives and girlfriends, and in some cases children and other family members, were part of the FAI delegation in Paris.

Following today’s opening game against Australia, at Stadium Australia in Homebush, Ireland will play Canada in Perth and Nigeria in Brisbane.

The Irish team will travel almost 8,000km during their first three games, on top of the 34,000km round-trip to Australia, making this the most travelled Irish football side in tournament football history.