thirteenth Chamber of the Council of State, singer Hakan Peker, “Constantly” Upon the failure of his track to be broadcast on some radio channels, he discovered it lawful to reject the applying he made to the Competitors Board on the allegation of “discrimination between sound artists”.
Singer Hakan Peker’s grievance to the Competitors Board as a consequence of the truth that his new track, which he launched in 2014, was not broadcast on some radio channels, resulted within the lawsuit course of.
HE APPLIED TO THE COMPETITION BOARD
In keeping with the knowledge acquired, Hakan Peker launched the track he launched in 2014. “Constantly”He utilized to the Competitors Board with the allegation that the track was not broadcast on some radio channels and that discrimination was made among the many sound artists.
ALLEGED ‘DISCRIMINATION’
Within the grievance, 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, nonetheless, radio channels broadcasting comparable 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 diminished the competitiveness between producers and singers and brought on harm.
“THERE ARE PLATFORMS OTHER THAN RADIO FOR THE SONG TO REACH THE AUDIENCE”
The Competitors Board dismissed the grievance in 2014, concluding that there was no must 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 courtroom’s reasoning, it was acknowledged that there are various platforms comparable to CDs, digital music obtain methods, tv channels, web websites, live shows and ads, other than radio, for an artist’s work to succeed in the viewers.
It was acknowledged within the reasoning that the declare that the track in query could possibly be accessed in many various 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 based mostly on concrete info and paperwork.
THE COURT SAID “NO DISCRIMINATION 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 the 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.