OTT Platforms and Their Distributorship Agreement With Content Makers

Abstract

The OTT platform is a new market in itself. The growth of this new internet-based industry has brought atrocious competition in the broadcast industry. They effort to distinguish them from their competitors by getting exclusive content from the creators. This exclusivity though not per se appears to be anti-competitive but it raises apprehensions of its negative effect on the market. In fact, these agreements demonstrate interdependence of market players to sustain and reach consumers in the market. The competition laws of many jurisdictions refer to the anti-competitive nature of vertical agreement as ex post unlike cartel (horizontal agreements) which are per se void. The chapter discussed the distribution chain where vertical relationship in the form of agreement or integration is generally developed. The present chapter explains the nature of exclusive distribution agreement or exclusive screening license in the broadcast industry.