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Can’t insist producers to use only their members: Competition Commission to FWICE

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MUMBAI: In a landmark judgement, the Competition Commission of India (CCI) has told the All India Film Employees Confederation and Federation of Western India Cine Employees (FWICE) that they cannot insist producers to take only their members to work with them.

On 31 October 2017, the CCI passed cease and desist orders against certain national and regional trade associations of film artists and producers for engaging in practices of controlling/limiting the supply of services and market sharing. Such acts have been held to be in contravention of sections 3(3)(b) and 3(3)(c) read with Section 3(1) of the Competition Act, 2002 (Competition Act).

The  final order by the CCI was passed on an information filed by Bollywood producer and director Vipul Shah who alleged that specific provisions of the MoU dated 1 October 2010 (MoU) signed between FWICE and producer associations i.e.  IMPPA, FTPGI, and IFTPC relating to various matters including member-to-member working, fixation of wages, etc., are anti-competitive in nature.

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Thereafter, on 8 August 2019 an application under Section 42 of the Act alleging noncompliance of the aforesaid order by other parties was received by the Commission from Contiloe Pictures Private Ltd (CPPL).

On 12 March 2020, the matter was listed for hearing between FWICE and CPPL. Upon hearing the counsels of CPPL and FWICE, the commission observed that the contents of the directives issued by FWICE to its member affiliates/producers were in the nature of direction to its members not to engage the non-members and were in violation of the order of the Commission dated 31 October 2017.

Later, FWICE submitted that they would withdraw their letters dated 29 March 2018 and 26 November 2018 issued to its affiliates and also the letter dated 30 November 2018 issued to CPPL, without any conditions. The association also tendered unconditional apology for disobeying the directions of the Commission.

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The Commission directed FWICE to issue communication to its affiliates," all production houses/ producers including CPPL regarding withdrawal of the said letters and file a copy thereof with the Commission within a period of 10 days. Further, FWICE was also directed to file an affidavit along with status/ compliance report within ten days to the Commission."

However, the commission later observed that none of the parties have filed any evidence. Therefore, the commission has directed all the parties involved in the matter to file an affidavit along with status/compliance report through e-mail at secy(cci.gov.in, latest by 15 July 2020 without fail.  The secretary is directed to inform FWICE and CPPL, accordingly.

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Banijay merges with All3Media in $6.65 billion deal

Marco Bassetti will lead the combined company as CEO

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PARIS: Six years after acquiring Endemol Shine at the height of the pandemic, Banijay has struck again. The European production heavyweight is merging with All3Media in a deal that will create a television titan with $6.65 billion in revenue and redraw the contours of a fast-consolidating market.

The combined company will trade under the Banijay name and be owned 50 per cent each by Banijay Group and RedBird IMI, which acquired All3Media in 2024. The transaction is expected to close by autumn, subject to regulatory approvals.

Banijay Entertainment CEO Marco Bassetti, will take the top job at the enlarged group. All3Media CEO Jane Turton becomes deputy CEO. RedBird IMI CEO Jeff Zucker will serve as chairman.

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The logic is scale. Broadcasters are commissioning less, streamers are tightening budgets and global buyers are fewer but bigger. Against that backdrop, heft matters. The merged entity will generate roughly $6.65 billion in revenues based on 2024 figures, giving it sharper elbows in rights negotiations and deeper pockets for franchise-building.

“Entrepreneurialism, ambition and creativity” remain core to Banijay’s DNA, Bassetti said, flagging plans to invest more heavily in new intellectual property, live events and emerging platforms. Turton struck a similarly bullish note, pointing to All3Media’s journey from a 2003 start-up to a global supplier of hit formats and high-end drama.

Between them, the two groups control a formidable slate. Banijay’s catalogue spans MasterChef, Big Brother, Survivor, Black Mirror, Peaky Blinders and Deal or No Deal. All3Media’s labels include Studio Lambert, producer of The Traitors and Squid Game: The Challenge; Two Brothers, behind The Tourist; and Neal Street, currently producing the forthcoming Beatles biopics directed by Sam Mendes for Sony.

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The back catalogue is equally muscular. Banijay Rights holds some 220,000 hours, while All3Media International adds around 35,000 hours, forming one of the industry’s largest libraries.

Banijay, controlled by French entrepreneur Stéphane Courbit and listed in Amsterdam, counts more than 130 production companies across 25 territories. All3Media operates over 40 labels, with strong positions in the UK, US and Germany. The enlarged group will also lean into live entertainment, building on Banijay’s Balich Wonder Studio, which produced the opening ceremony of the Milan-Cortina Winter Olympics, and the Independents.

The deal marks a shift in tone. As recently as October, Bassetti suggested that mergers and acquisitions were not a priority. But the drumbeat of consolidation has grown louder. Mediawan has moved for Peter Chernin’s North Road. David Ellison’s Paramount has agreed to a $110 billion takeover of Warner Bros, with plans to combine HBO Max and Paramount plus. ITV has explored selling its media and entertainment arm to Comcast-owned Sky, though talks have reportedly slowed.

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