What is collective bargaining? Plus, other key terms explained

As we begin forming our collective bargaining coalition, we’ll be using various terms and concepts that may be new to some. We have made an effort to define some of the jargon below, and we will update this guide as necessary. 

You can read more about the coalition we’re forming here.

Key terms and concepts

Collective Bargaining

Collective bargaining within the new digital markets competition regime allows trade associations in the independent media sector (and other sectors) to negotiate improved terms and financial settlements with firms designated as having Strategic Market Status (SMS) by the Competition and Markets Authority (CMA).

Digital Markets Competition Regime

The digital markets competition regime encompasses laws, regulations, and policies aimed at fostering fair competition in digital markets, particularly concerning online platforms and services.

DMCCA (Digital Markets, Competition and Consumer Act)

The DMCCA is legislation designed to eliminate unfair practices and promote competition in digital markets. It serves as the UK counterpart to the EU's Digital Markets Act, empowering the CMA, which has established a Digital Markets Unit (DMU) to regulate firms with Strategic Market Status.

CMA (Competition and Markets Authority)

The CMA is the UK's competition regulator, responsible for promoting competitive markets and addressing unfair practices. In late 2024, it assumed new responsibilities for digital markets regulation under the DMCCA.

DMU (Digital Markets Unit)

The DMU, part of the CMA, oversees the assessment process for designating firms with Strategic Market Status (SMS).

SMS (Strategic Market Status)

Firms can be designated with SMS if they meet specific criteria, including:

• UK turnover of more than £1 billion or global turnover of more than £25 billion

• substantial and entrenched market power in relation to the digital activity

• a position of strategic significance 

Antitrust Law

Antitrust law, also known as competition law, aims to maintain market competition by regulating anti-competitive conduct. The CMA is one of the leading antitrust agencies globally.

Anti-competitive Behaviour

Anti-competitive behaviour involves actions by businesses that reduce or eliminate competition in a market, ultimately harming consumers and other businesses.

News Media Bargaining Code

The NMBC (News Media Bargaining Code) is an Australian law designed to have large technology platforms that operate in Australia pay local news publishers for the news content made available or linked on their platforms. 

More than 30 deals have been reached after the first year of operation, with the number of media companies much higher. NMBC allows collective bargaining for the companies with revenues below 10 million Australian dollars – one of the agreements involved 84 smaller companies, another 24. The total value of the deals was 200 million Australian dollars.

As a result of this legislation, Facebook blocked all Australian news from being shared by anyone on their platform and blocked all news from being seen or shared by users in Australia.

You may see us refer to the NMBC occasionally.

Online News Act

The Online News Act is the Canadian law that requires technology companies to negotiate with news publishers for use of their content. Like in Australia, Google and Facebook blocked all news content in reaction to the legislation. 

Like with the NMBC, you may see us refer to this legislation occasionally.