The Brussels Court of Appeals rules that the major Belgian collecting society has abused its dominant position under Art. 82 EU after having received an opinion from the EC 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 € 12,500

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Tarik Hennen, Alexandre Defossez, The Brussels Court of Appeals rules that the major Belgian collecting society has abused its dominant position under Art. 82 EU after having received an opinion from the EC Commission (SABAM / Productions & Marketing), 3 November 2005, e-Competitions Bulletin November 2005, Art. N° 524

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