The Amsterdam Court of Appeal rules that two Dutch collective rights organisations abused their joint dominant position by applying unequal conditions when licensing music to businesses (Buma / Stemra)

Introduction The Court of Appeal of Amsterdam (Gerechtshof Amsterdam) ruled that Dutch collective rights management organisations ‘Buma’ and ‘Stemra’ abused their (joint) dominant position by applying unequal conditions in relation to business licensing of music for use in cafés, restaurants, fitness centres, shops etc. This abuse constitutes a violation of Article 24 of the Dutch Competition Act (Mededingingswet - Mw), as well as Article 102(c) of the Treaty on the Functioning of the European Union (TFEU). In this blog, we briefly discuss the case and flag potentially relevant developments which this case reflects. Facts The members of the Associated Business Music Distributors (ABMD) offer background music services for businesses, such as cafés, restaurants, shops or fitness centres

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Pauline Kuipers, Reshmi Rampersad, Sander Wagemakers, The Amsterdam Court of Appeal rules that two Dutch collective rights organisations abused their joint dominant position by applying unequal conditions when licensing music to businesses (Buma / Stemra), 24 May 2022, e-Competitions May 2022, Art. N° 108245

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