No reports or studies have been seen by the Flood tribunal which would support Mr Ray Burke's contention in 1990 that RTE held a dominant position in the advertising market, the tribunal was told.
Counsel for the tribunal said Mr Burke had been in favour of putting a cap on the national broadcaster's income from advertising, which was then included in the Broadcasting Act.
At the time, Mr Burke said this was because of RTE's dominant position in the commercial broadcasting sector, Mr Pat Hanratty SC said.
In a submission made to the government in May 1990, Mr Burke said: "RTE's dominance in attracting advertising is having a damaging effect on the commercial broadcast sector".
However, Mr Hanratty said he had not seen any documents outlining allegations of RTE having such an effect.
He said there was no report from a civil servant in the department of communications, no documentation with analysis of RTE's effect on the advertising market, nor any independent report commissioned drawing such a conclusion.
Mr Hanratty questioned whether the legislation capping RTE's advertising revenue had been introduced because Mr Burke was indebted to Century Radio after he had received a donation from Mr Oliver Barry.
"Was it connected with the £35,000 he received the previous year from Mr Barry?" he asked.