In the years 2014–2015, Digita Oy distributed the high definition (HD) channels of the Finnish Broadcasting Company (YLE) for free over a terrestrial antenna network. In February 2014, DNA Oy submitted a request for action to the FCCA alleging that Digita had abused its dominant market position in the market for terrestrial television broadcasting services.
The FCCA investigated Digita’s practices as a possible case of prohibited pricing that is lower than the costs, or so called predatory pricing. However, the free distribution of YLE’s HD channels was not initiated by Digita but was due to a policy of YLE, which states that YLE’s HD channels are available to all distribution operators free of charge with the same terms and conditions. Distribution operators had, therefore, not been able to participate in price competition with respect to who is allowed to distribute YLE’s HD channels.
The FCCA’s investigation did not provide evidence that Digita’s operations restricted competition. In addition, since no other evidence was found to support the possibility that Digita’s practices were based on the idea of edging competitors out of the market, the FCCA terminated the investigation in September 2017.