Major UK Drama Antitrust Probe Dropped; BBC & Others Fined $5.4M For Colluding Over Crew Pay In Sports Production
The UK’s Competition and Markets Authority (CMA) has dropped a major antitrust investigation into some of the country’s biggest drama producers over how they paid freelance crew members.
BBC, ITV, Hartswood Films, and Sister were among those being investigated, but the regulator has decided to close the case as it “no longer constitutes an administrative priority.” No ruling has been made on whether the companies broke competition rules.
The CMA has also concluded a separate investigation into freelancer rates in sports production, fining the BBC, ITV, BT, and IMG £4.2M ($5.4M) for colluding over how much they pay crew.
The CMA launched the investigation into scripted production in October 2023, spooking producers in the market who had to hand over troves of WhatsApps and emails to lawyers in an effort to prove their innocence.
Watch on Deadline
Hat Trick Productions, Red Planet Pictures, and Tiger Aspect Productions were also caught up in the probe. A source told Deadline that the investigation had been “paralyzing” for those involved, with producers having to spend hours dealing with CMA questions.
“It is important to note that the CMA has not reached a decision on whether the parties infringed competition law and no assumption should be made that there has been any such infringement,” the CMA said. “A decision to close the Investigation on administrative priority grounds does not prevent the CMA from opening an investigation in the future if its priorities change.”
Sport Fines
In sport, the CMA ruled that the BBC, Sky, BT, IMG, and ITV shared sensitive information about fees for freelance workers, including camera operators and sound technicians.
BT was fined £1.7M for six infringements, while IMG received a similar punishment for breaking competition rules on six occasions. The BBC was fined £424,165 for three infringements and ITV will pay £339,918 for five infringements. Sky avoided being fined as the Comcast-owned Premier League broadcaster blew the whistle on the issues.
The CMA found that on one occasion, a business told another it had “no intention of getting into a bidding war” but “want to be aligned and benchmark the rates.” In a separate instance, a company said it wanted to “present a united front” with its competitor.
Juliette Enser, Executive Director for Competition Enforcement at the CMA, said: “Millions watch sports on TV each day, with production teams working behind the scenes to make this possible – and it is only right they are paid fairly.
“Companies should set rates independently of each other so pay is competitive – not doing so could leave workers out of pocket. Employers must ensure those who hire staff know the rules and stick to them to prevent this happening in the future.”
A BBC spokesperson said: “The BBC takes its competition law obligations seriously and has co-operated with the CMA throughout its investigation, which involved a number of sports broadcasters. We highly value the freelancers we work with, both in Sport and across the BBC, and we will continue to work hard with the freelance community to invest in, and develop talent.”