Disclosures of interest
BSkyB / ITV
Members
Mr Freeman was Chairman of the Regulatory Policy Institute
(RPI) until 22 March 2007 when he resigned as part of a general
overhaul and restructuring involving also the resignation
of most members of the Council of Management. He has also
resigned as a member of the RPI and from its Council of Management.
The RPI is a company limited by guarantee, who members comprise
its Council of Management. The RPI is an independent, charitable
organisation dedicated to the study of all aspects of regulation
and deregulation, including the institutional processes through
which public policy is formed as well as the development,
implementation, enforcement and impact of particular policies.
It conducts research, publishes, and holds conferences and
seminars. News International is a corporate member of the
RPI and contributes around 10% of RPI’s subscription
income. It is understood that News International’s
membership will not be renewed on its expiry in June 2007.
Whilst at the law firm of Simmons & Simmons Mr Freeman
was the relationship partner for the Independent Television
Commission (ITC) until he left the firm in July 2003. The
ITC was the commercial television regulator that ceased to
exist on 18 December 2003 when its duties were assumed by
OFCOM, the Office of Communications.
Mr Freeman does not believe that the matters disclosed above
in relation to him will affect his ability to act impartially
and independently as the Chairman of the Group. The CC is
satisfied that Mr Freeman’s interests will not affect
his ability to act independently or impartially in discharging
the CC’s functions in this inquiry.
Mr Bright was a partner in Shearman & Sterling LLP until
February 2006, and is now an independent consultant in which
capacity he continues to provide some advice to Shearman & Sterling.
Shearman & Sterling has done some work for ITV but not
in relation to the transaction underlying the reference.
Mr Bright did not personally work for ITV or for any of the
companies involved in or affected by the transaction. Prior
to 2001, Mr Bright has acted as legal adviser to cable companies,
including NTL (now operating as Virgin Media) and to On Digital.
However, Mr Bright has not advised these parties since. Neither
Mr Bright, nor the CC, believes that these matters will prejudice
the ability of the Group to discharge its functions in an
independent and impartial manner nor will it affect Mr Bright’s
ability to act independently or impartially in discharging
the CC’s functions in this inquiry.
Staff
Mr Davies, Chief Economist at the CC, was until September
2003 a shareholder of and manager at Frontier Economics,
an economic consultancy that has worked in the television
sector. Mr Davies has not personally ever worked for any
of the firms in the sector.
Mr Roscoe, who is one of the legal advisers on the BSkyB/ITV
reference, was the Legal Adviser to the BBC from 1989 to
1998 and the Company Secretary of BBC Worldwide Ltd from
1996 to 1998.
Ms Harwick, who is one of the legal advisers on the BSkyB/ITV
reference, was a competition lawyer at Shearman & Sterling
LLP from 2001 until May 2006. Shearman & Sterling has
done some work for ITV but not in relation to the transaction
underlying the reference. Ms Harwick did not personally work
for ITV or for any of the companies involved in or affected
by the transaction. Ms Harwick is no longer employed at the CC.
Ms Holmes is currently employed by PricewaterhouseCoopers
as an economic adviser. Ms Holmes has been a consultant at
the CC since 17 May 2007 and will be advising on the BSkyB/ITV
inquiry. PricewaterhouseCoopers carries out consultancy and
provides audit services in the media sector. Ms Holmes has
not personally ever worked for any of the firms in the sector.
Ms Holmes’ partner is currently employed at Bain & Company
and was formerly employed by Deloitte consulting. Both are
active in the media sector.
The CC is satisfied that the impartiality of the inquiry
will not be affected by any of the above interests.
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