Through a complaint filed by Strawberry Sports Management, the most valuable sports media broadcasting deals, have been challenged before the Competition Commission of Pakistan (CCP)for alleged violations of Competition Act, 2010 (Act). The focus of the complaint is the alleged collusive bidding for PSL Media Broadcasting Rights, Monopolizing the Cricket Broadcasting Rights, and abuse of dominant position in the media sector.
It has been averred in the complaint that somewhere in September 2021 the exclusive broadcasting rights of cricketing events of International Cricket Council (ICC) for the years 2021-2023 for Pakistan were picked up by PTV through a consortium with A Sports and Group M. Surprisingly, a few months afterwards, Pakistan Super League (PSL) broadcasting rights advertised by Pakistan Cricket Board (PCB) were won by a consortium of PTV and A Sports. On the face of it and from the chain of events, it appears that PTV and A Sports, despite being competitors, through concerted/collusive actions and meeting of minds were able to achieve monopoly in the cricket related media broadcasting segment of the market. This eventually would result in erection of entry barriers and foreclosure for the prospective new entrants.
Interestingly, in the complaint, it has also been alleged that acquisition of Sports Satellite TV channel license by ARY Group i.e., A Sports, and the exclusive arrangement between PTV and A Sports also tantamount to abuse of dominant position by creation of monopoly in terms of Section 23 of the PEMRA Ordinance read with Rule 13 of PEMRA Rules 2009. The very creation of A Sports channel has thus been questioned.
The PTV and A Sports alliance since day one has remained in controversy and in news since its announcement. However, this case might be a real test for the antitrust watch dog of Pakistan i.e., CCP, as this is perhaps the first case of this magnitude that they are going to deal with, which relates to the sport the nation is really passionate about. It is expected that CCP will conduct and independent and fair investigation without meting out any favour to the national broadcaster. Only then can a level playing field be ensured for stakeholders, and in turn cricket and fans will stand to benefit from this.
