Deal that played well for Packer
The secret work was done and evidence was taken in response to the decisions made by the Packer/Murdoch-led Ten board to scrap the Ten digital channel, One, which had been entirely devoted to sport.
At the time the Packer-controlled Consolidated Media Holdings had a 50 per cent interest in subscription producer of sport Premier Media Group. The other 50 per cent was owned by News Corporation - which is controlled by Murdoch's father, Rupert.
The transformation of One from a sport channel into a broader entertainment channel was explained by the new management of Ten as purely financial. The digital upstart was losing money and rating poorly.
There were a couple of other reasons the ACCC turned the active investigation into a "watching brief". The first was that it was aware that Packer was seeking to offload his interest in Premier Media and Foxtel.
The second was that there were a couple of other large shareholders in Ten, Bruce Gordon's WIN and active funds manager Perpetual.
Soon after Australia's richest person, Gina Rinehart, took a 10 per cent stake and joined the board. Thus the ACCC ultimately concluded that together Lachlan Murdoch and Packer were not in a position to control Ten.
But there is little doubt that axing Ten's fledgling sports channel played well for Packer commercially. Financial statements from his Consolidated Media demonstrate that Premier Media's performance was stagnating while its results from Foxtel were much more positive. The establishment of Ten's One channel created a new player in the sports programming market. While it was not sufficiently large or well-funded enough to bid for first-tier sporting events, its presence in the room bidding for second-ranking products was pushing up their price.
This was a problem for Premier Media Group and its various Fox Sports operations. When the One sport channel was abandoned the product it had acquired was on-sold to Premier Media for a knock down price and Ten took a one-off financial hit as a result. From Packer's perspective selling Consolidated Media - which owned Premier Media - became a much more lucrative proposition when channel One was disbanded.
He ultimately sold Consolidated Media in a $2 billion deal to News Corporation. It was a good deal for Packer - leaving him flush with funds to pursue his gaming interests through Crown.
After he bought into Ten back in 2010 he lasted only a few months on the Ten board. While he has since supported the company by subscribing for its two capital raisings, his influence has been publicly absent.
But as history has now clearly demonstrated Lachlan Murdoch took undisputed control of Ten. Soon after buying he took over management until his hand-picked chief executive James Warburton could take over in early 2012. Murdoch sacked him a year later.
Over the past couple of weeks he has installed a News Ltd executive, Hamish McLennan to replace Warburton.
To be fair the rationale for Packer and Murdoch taking a stake in Ten was a two-pronged strategy. It wasn't all about sport.
The two media heirs thought they could cut the network's program expenses and return it to its low-cost and edgy-program youth roots.
Again history has shown this strategy has not worked. Since 2010 when their investment was made the company's financial performance and share price have plummeted.
The digital channels run by competitors began to look just like the mainstream Ten product. It was a feeding frenzy for advertisers that bid down rates for what appeared to be homogenous product.
Reputations are riding on the outcome - in particular that of Lachlan Murdoch.
While the icing of One as a sports channel has played out well for Packer, Murdoch's upside rests exclusively with restoring the network's fortunes.
And in television there is no quick fix. It has strategy-to-outcome lead times more akin with the mining industry than a service business.
McLennan will need to find his strategy, refine his team, find the audience pitch and come up with a list of new programs that resonate with viewers.
It then needs more than a year of ratings performance before media buyers will start to allocate advertising. At the same time he will need to keep a handle on costs.
Frequently Asked Questions about this Article…
The Australian Competition and Consumer Commission (ACCC) carried out an undisclosed probe into Packer and Murdoch's acquisition of an 18% stake in Ten because it was concerned about the impact on sports programming. The ACCC gathered evidence after the Ten board (with Packer/Murdoch influence) decided to scrap the One digital channel, which had been devoted entirely to sport.
Ten's new management said the One channel was losing money and rating poorly, so they transformed it from a dedicated sports channel into a broader entertainment channel for financial reasons. The article also notes that this change had commercial implications for other sports broadcasters.
When Ten abandoned the One sports channel, the sports rights and programming it had acquired were sold to Premier Media (part of Consolidated Media) at a reduced price and Ten took a one-off financial hit. That reduced competition in bidding for sports content and made Consolidated Media — which owned Premier Media — a more valuable asset, helping Packer later sell Consolidated Media for a reported $2 billion to News Corporation.
The ACCC moved from an active investigation to a 'watching brief' partly because it knew Packer planned to offload interests in Premier Media and Foxtel, and because Ten had other large shareholders such as Bruce Gordon's WIN and funds manager Perpetual. The arrival of Gina Rinehart with a 10% stake and a board seat also influenced the ACCC's view that Packer and Murdoch together did not control Ten.
Lachlan Murdoch took effective control of Ten after buying in, briefly ran the company himself until his chosen CEO James Warburton took over in early 2012 (and was sacked about a year later). Recently, Murdoch installed News Ltd executive Hamish McLennan to replace Warburton. The article says their strategy aimed to cut program costs and return Ten to low-cost, edgy youth programming — a strategy that has not worked to date.
According to the article, since the 2010 investment the company's financial performance and share price have 'plummeted.' The planned low-cost, youthful programming strategy did not restore profitability, and competition from other digital channels pushed down advertising rates.
The One channel's presence had increased demand and pushed up prices for second-tier sports rights by bidding in the marketplace. When One was abandoned and its rights sold cheaply to Premier Media, that competitive pressure eased — which benefited Premier Media and Fox Sports operations, and reduced a new entrant in the sports programming market.
McLennan needs to develop a clear strategy, refine his management team, identify the right audience pitch and commission new programs that resonate with viewers. The article warns there is 'no quick fix' in television — it may take more than a year of ratings improvement before advertisers reallocate spend. Investors should watch program performance, ratings trends, cost control and whether advertising revenue begins to recover.

