CMA sends clear signal on competition law in labour markets in wrapping up worker pay probes

On 21 March 2025, the Competition and Markets Authority (CMA) issued a decision fining several sports broadcast and production companies over £4m following its investigation into anti-competitive arrangements relating to the purchase of freelance services for the production and broadcasting of sport content in the UK.

The same day, the CMA closed its investigation into suspected anti-competitive behaviour relating to freelance and employed labour in the production, creation and/or broadcasting of television non-sport content. The CMA announced that, in coming months, it will instead publish further guidance for employers on how to avoid anti-competitive behaviour in labour markets.

It’s important for employers across all sectors to understand these developments as they have implications for the role of competition law in labour markets across the UK economy. In this briefing, we consider these implications and the practical takeaways for all employers.

The CMA’s infringement decision relating to sport content

On 12 July 2022, the CMA launched its investigation into anti-competitive arrangements in relation to the purchase of freelance services supporting the production and broadcasting of sports content in the UK. Over two and half years later, the CMA has fined the BBC, ITV, BT Group plc and IMG Media Limited a total of £4.24 million for colluding on the rates of pay for freelancers. The CMA found 15 instances where these companies, together with Sky, unlawfully shared competitively sensitive information about pay (including day rates and pay rises) for freelance workers (eg, camera operators and sound technicians) with the object of coordinating how much to pay freelancers.

The total fine includes discounts for all four companies for informing the CMA about their involvement and for assisting the CMA in its investigation. Sky benefitted from an exemption from a fine for being the first to notify the CMA about the issue prior to the investigation being launched, under the CMA’s leniency programme.

Closure of the CMA’s investigation relating to non-sport content

On 11 October 2023, the CMA launched its investigation into the suspected unlawful sharing of competitively sensitive information between the BBC, ITV, Hartswood Films Limited, Hat Trick Productions Limited, Red Planet Pictures Limited, Sister Pictures Limited and Tiger Aspect Productions Limited, relating to the rates of pay and/or terms and conditions offered to freelancers and employed labour in the production, creation, and/or broadcasting of television non-sport content in the UK.

The CMA has been under real pressure recently to inject more pace across all its activities (see our briefing on this here). This may have led them to review this case more rigorously and they have decided to close the investigation on administrative priority ground. Instead, the CMA plans to publish further guidance for employers on how to avoid anti-competitive behaviour in labour markets in coming months.

Implications for the role of competition law in labour markets

The CMA’s infringement decision marks a significant step in enforcing fair pay practices in the production and broadcasting of sport content. It could set new industry standards for worker pay and influence how production companies and broadcasters structure their compensation packages. However, the impact of this decision extends beyond the broadcasting industry. It demonstrates the CMA's commitment to ensuring fair pay practices in labour markets more generally and serves as a helpful reminder for employers of the importance of setting pay rates and other conditions offered to freelancers (as well as contracted workers and permanent salaried staff), independently of competitors.

The CMA last published guidance for employers on how to avoid anti-competitive behaviour in February 2023 (which we discuss in another briefing (here)). This guidance makes it clear that collusion between employers is illegal and can have significant financial and personal consequences. Nevertheless, further guidance from the CMA will be welcome.

Practical takeaways for all employers

Employers should take this opportunity to:

• Ensure that they understand the law and familiarise themselves with the CMA’s existing guidance for employers.
• Check that their staff know the rules and understand the importance of compliance.
• Review their policies, procedures and practices to ensure that they are clear and up to date.
• Look out for the CMA’s further guidance for employers, to be published later this year.

Our competition team has experience advising employers in multiple sectors on compliance with competition law. We can support with an audit of current practices or provide specific advice on any areas of concern.

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