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TV companies face cartel probe over freelance rates

CMA screenshot

The CMA announcement

THE UK'S Competition and Markets Authority (CMA) is investigating broadcasters over price-fixing of freelance camera operators' rates. The CMA is the government body charged with suppressing "anti-competitive behaviour" such as collusion on pricing through illegal "cartel" agreements.

In a statement the CMA says that "on 12 July 2022, [it] launched an investigation under section 25 of the Competition Act 1998 ('CA98') into suspected infringements of the Chapter I prohibition of the CA98 by companies involved in the production and broadcasting of sports content.

"The investigation relates to the purchase by these companies of freelance services which support the production and broadcasting of sports content in the UK.

"The CMA is investigating suspected breaches of competition law by at least the following: BT Group PLC, IMG Media Limited (including Premier League Productions), ITV plc, and Sky UK Limited."

The Freelance has not been able to establish exactly how the alleged price-fixing came to the CMA's attention. CMA's Senior Media Officer Billy Proudlock told us that the CMA "doesn't comment on investigatory steps we have taken in launching an investigation" and added that "anyone with information about suspected anti-competitive activity is encouraged to contact the CMA."

One way or another, camera operators brought the case to the CMA's attention. Camera operators and sound engineers contacted by the Financial Times said the broadcasters involved offer the same day rate of £400 for many games. They do not now pay expenses such as travel.

The freelance camera operators could discover this only by sharing rates. Probably they did so informally - but it's even better to contribute to our Rate for the Job database so we can see patterns emerging.

Paul Evans, Freelance Affairs Research Officer for the Broadcasting, Entertainment, Communications and Theatre Union (BECTU) tells us that the union is now making good progress in recruiting freelance outside broadcast camera operators. Members are giving useful feedback on their perceptions around rate-co-ordination among clients.