Singer Hakan Peker utilized to the Competitors Board with the allegation that his track “Consistently”, which he launched in 2014, was not broadcast on some radio channels, claiming that he made a distinction between sound artists.
Singer Hakan PekerThe lawsuit course of was concluded within the criticism filed by the Competitors Board attributable to the truth that his new track, which he launched in 2014, was not broadcast on some radio channels. Within the criticism, it was claimed that the track, which acquired a excessive demand on radio and tv, was by no means broadcast on the related radio channels, nevertheless, radio channels broadcasting related songs discriminated between artists and firms. It was claimed that the broadcasting of the track on radio channels was essential for its promotion, the album gross sales elevated as the attention elevated, the discharge of the track lowered the competitiveness between producers and singers and triggered injury.
Competitors Board refused
The Competitors Board dismissed the criticism in 2014, concluding that there was no have to open an investigation into the matter. Hakan Peker’s attorneys filed a lawsuit within the Administrative Courtroom for the cancellation of the Competitors Board’s choice.
Ankara seventeenth Administrative Courtroom rejected the lawsuit filed by Peker Music Manufacturing Firm in 2016. Within the court docket’s reasoning, it was acknowledged that there are different platforms akin to CDs, digital music obtain techniques, tv channels, web websites, concert events and ads, aside from radio, for an artist’s work to achieve the viewers.
It was stated that ‘rejection choice is suitable’
It was acknowledged within the reasoning that the declare that the track in query may very well be accessed in many alternative methods relying on technological developments, and that there was an settlement limiting competitors between the talked about radio organizations that didn’t dominate the market, was not primarily based on concrete info and paperwork.
The court docket stated ‘there isn’t any distinction between artists’
The case was moved to the Ankara Regional Administrative Courtroom upon the enchantment authorized treatment. In 2017, Ankara Regional Administrative Courtroom determined that the Competitors Board’s choice was in accordance with the legislation and rejected the annulment request.
Upon enchantment of the choice of the Regional Administrative Courtroom, this time the file got here to the Council of State.
The thirteenth Chamber of the Council of State rejected Hakan Peker’s enchantment and determined unanimously to uphold the choice of the Regional Administrative Courtroom, which was in accordance with the process and legislation.