The EU Court of Justice accepts an alternative to the United Brands test to establish excessive pricing (AKKA / LAA)

On replying to the preliminary questions referred by the Supreme Court of Latvia (SCL), in AKKA v LAA the CJEU has accepted a methodology other than the two-limb United Brands test to establish an excessive pricing practice [1]. The CJEU also clarifies the criteria to set the amount of the fine imposed on the collecting society that breached competition by charging excessive prices. The facts of the case In April 2013 the Competition Council of Latvia (CCL) found that AKKA/LAA, a collecting society, applied excessively high fees for licences for the public performance in shops and service centres of musical works the copyright of which was managed by AKKA/LAA. The CCL reached this conclusion by comparing the fees charged by AKKA/LAA with those applied in neighbouring Lithuania and

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Michele Giannino, The EU Court of Justice accepts an alternative to the United Brands test to establish excessive pricing (AKKA / LAA), 14 September 2017, e-Competitions Bulletin October 2017, Art. N° 84866

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