The EU General Court rules that territorial exclusivity clauses in copyright licensing agreements raise competition concerns (Canal+)

On 12 December 2018, the EU General Court (“GC” or “Court”) dismissed the application for annulment which Canal + SA (“Canal +”) had brought against a European Commission (“Commission”) decision that had made commitments offered by Paramount Pictures Ltd (“Paramount”) in the context of copyright licensing agreements binding (Case T-873/16). On 13 January 2014, the Commission opened an investigation regarding possible restrictions affecting competition in the supply of pay television services through licensing agreements between six American studios and main EU broadcasters. The Commission raised concerns with: (i) specific territorial exclusivity clauses by which a studio