The CNC has recently opened disciplinary proceedings against three copyright collection agencies for possible anti-competitive conduct prohibited by Article 2 of the Spanish Competition Act 15/2007, and Article 102 of the Treaty on the Functioning of the European Union.
On 25 January 2010, the Investigations Division of the CNC received a complaint lodged by three restaurants against Sociedad General de Autores y Editores ("SGAE") for alleged abuse of a dominant position in the implementation of its rates. The conduct is alleged to consist of imposing abusive tariffs relating to the authorisation for public performance of musical works during dances held at weddings, baptisms and communions or other events limited to invite only. After a period of preliminary confidential investigations, on 29 November 2010 the Investigations Division of the CNC decided to open disciplinary proceedings.
Separately, on 17 September 2010 the CNC received a complaint from Antena 3 de Televisión, S.A. against the copyright collecting societies Asociación de Gestión de Derechos Intelectuales ("AGEDI") and Artistas, Intérpretes y Ejecutantes, Sociedad de Gestión de España ("AIE") for alleged abuse of a dominant position through the imposition of abusive rates in their commercial relations with television broadcasters. After a period of preliminary confidential investigations, on 19 November 2010 the Investigations Division of the CNC decided to open disciplinary proceedings against both AGEDI and AIE.
The opening of these proceedings does not prejudge the final outcome of the investigations. The CNC has a maximum term of 18 months for these cases to be investigated and decided
To view Community Week, Issue 500; 3rd December 2010 in full, Click here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.