2nd April 2025
“With the Competition and Markets Authority issuing its first fines for anti-competitive conduct in labour markets, now is a good time to revisit the reach of your internal competition compliance programme to make sure it goes beyond the sales team.”
The Competition and Markets Authority (CMA) has fined 5 of the UK’s largest broadcasters for illegally exchanging information and, in many instances, coordinating the pay of freelancers for sports broadcasting. One of the 5 companies received immunity from fines after approaching the CMA to tell them about the discussions while the other 4 received combined fines of just over £4.2 million (including discounts for agreeing to settle the case with the CMA).
On 21 March 2025, the CMA fined 5 of the largest sports broadcast and production companies in the UK over £4.2 million for exchanging competitively sensitive information (CSI) about fees for freelance workers, including camera operators and sound technicians.
The 5 companies investigated by the CMA often engaged freelancers to assist with the production and broadcasting of sports content such as major football games and rugby tournaments. The CMA found 15 instances where a pair of companies unlawfully shared CSI about pay with each other, including on day rates and pay rises. In most cases, the CMA also found that the explicit aim of the exchanges was to coordinate how much to pay freelancers.
One of the broadcasters alerted the CMA to its participation in the unlawful conduct under the CMA’s leniency policy and benefited from complete immunity from any fine. The other 4 companies involved agreed to settle the case with the CMA after an investigation spanning almost 2 years, allowing them to receive a “discount” from their respective fines.
As we flagged in a previous article, the CMA cited in its 2023-24 annual plan the identification of potential competition issues in UK labour markets as one of its key areas of focus for the year. This investigation marks the first time the CMA has looked at anti-competitive conduct in labour markets and, although it has closed a second investigation into non-sports TV production and broadcasting, the CMA remains focused on tackling unlawful behaviour in this arena.
This investigation highlights the need to ensure that your internal competition law compliance programme goes beyond the sales team so that all functions of your business know what their obligations are under these rules.
Over the next few months, the CMA will look to publish further guidance for employers on how to avoid anti-competitive conduct in labour markets and in the meantime, if you have any concerns on this issue, please do not hesitate to get in touch with us.