CMA investigation into freelance and employed labour in the production of TV content

 

The Competition and Markets Authority (CMA) is investigating suspected violations of competition law in relation to the purchase of services from freelance providers, and the employment of staff, who support the production, creation and/or broadcasting of television content in the UK. The probe, announced on 12 October, excludes sport content.

The CMA has announced that it suspects infringements of the Chapter I prohibition of the Competition Act 1998 by a number of organisations.  These include at least, the British Broadcasting Corporation, Hartswood Films Limited, Hat Trick Productions Limited, ITV PLC, Red Planet Pictures Limited, Sister Pictures Limited and Tiger Aspect Productions Limited.

The investigation is at a preliminary stage and the CMA  expects to complete its information gathering by March 2024. 

The CMA is separately investigating suspected breaches of the Chapter I prohibition in relation to the purchase of freelance services and the employment of staff supporting the production and broadcasting of sports content in the UK. This other investigation was opened in July 2022.

The CMA has not set out its exact theory of harm.  However, last year The Financial Times and Daily Telegraph reported that the sports content investigation is examining whether broadcasters colluded over how much they paid freelance sports production staff.

https://www.gov.uk/cma-cases/suspected-anti-competitive-behaviour-relating-to-freelance-and-employed-labour-in-the-production-creation-and-slash-or-broadcasting-of-television-content-excluding-sport