The Brussels Court of Appeal rules that the major national collecting society has abused its dominant position after having received an opinion from the EU Commission (SABAM / Productions & Marketing)

The Parties The case opposed the Belgian Society of Authors, Composers and Publishers (SABAM) and Productions & Marketing (P&M), a company whose business activities consist of the organization of concerts and musical events. Background In 2000 and 2001, P&M organized Charles Aznavour and Isabelle Boulay's concerts in Belgium. In principle, SABAM collects 10% royalties on the income of any public musical representation. However, when four conditions are met, a so-called “grand organisateur” (“large organizer”) rebate gives right to a 50% reduction on the general tariff. In order to benefit from this rebate, the undertaking must satisfy four conditions : – be a “professional organizer” that is, organizing concerts or other musical events on a regular basis; – pay a €