The Madrid Commercial Court dismisses an application brought by a pay-TV against the Spanish copyright collecting society for breach of Art. 82 EC (Canal Satélite Digital / DTS / SGAE)

Canal Satélite Digital, S.L. (hereinafter, “Canal Satélite”) y DTS Distribuidora de Televisión Digital, S.A. (“DTS”) are two Spanish companies whose main shareholder is Sogecable, the main pay-TV operator in Spain (which develop its pay-TV activities under the commercial name Digital+). Canal Satélite and DTS were two competing undertakings until Sogecable bought Telefónica's stake in DTS. The two undertakings brought a complaint before the Juzgado de lo Mercantil n° 5 (Madrid) against the Spanish copyright collecting society (Sociedad General de Autores y Editores, hereinafter, “SGAE”) for breach by the latter of Article 82 EC. On 21 June 1999 Canal Satélite and the SGAE concluded an agreement whereby the latter authorised the former to broadcast its catalogue of copyrighted works. The tariffs

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Pablo Ibáñez Colomo, The Madrid Commercial Court dismisses an application brought by a pay-TV against the Spanish copyright collecting society for breach of Art. 82 EC (Canal Satélite Digital / DTS / SGAE), 25 January 2006, e-Competitions January 2006, Art. N° 478

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