Collecting societies

Foreword Collecting Societies and competition law: An overview of EU and national case law

The collecting societies (CSs) have been a crucial constituent of the music industry since the second half of the nineteenth century. The economic function of the CSs (also known as the collective management organizations CMOs) is the collection and distribution of royalties as well as monitoring the use of copyrighted works on behalf of right owners and holders (authors, publishers, performers and production companies). In practice, it is very difficult for copyright owners to enforce their own right due to high transaction costs of music licensing, such as for example: costs of collecting and processing information about potential contracting partners, costs of advertising and costs of detection of illegal use of copyrighted works, costs incurred during the process of negotiation and conclusion of a contract and costs of contract enforcement and adjustment. The collective societies reduce those substantial costs by achieving economies of scale and scope in the administration, licensing and enforcement of copyrights.

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University of Gdansk (Department of Economics)
2 contributions 1452 visits

Unilateral Practices

 The Italian Competition Authority orders a social media giant to resume negotiations with a copyright-collecting organisation following an investigation over an alleged abuse of economic dependence in the licensing of music rights on social media platforms (SIAE / Meta)
Italian Competition Authority (Rome)
Italy 69 contributions 18292 visits
A559- - Antitrust: the ICA orders Meta to resume negotiations with SIAE. Musical works available again on Facebook e Instagram* The Authority adopts interim measures concerning the alleged abuse of economic dependence by Mark Zuckerberg’s group, which will also have to provide all (...)

The Italian Competition Authority imposes interim measures against a Big Tech company in the ongoing investigation concerning an alleged abuse of economic dependence in digital markets (SIAE / Meta)
Van Bael & Bellis (Brussels)
Belgium 29 contributions 5198 visits
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Van Bael & Bellis (Brussels)
Belgium 59 contributions 13963 visits
On 20 April 2023, the Italian Competition Authority (“ICA”) imposed interim measures on Meta and ordered Meta to negotiate in good faith with the Italian Society of Authors and Publishers (“SIAE”), alleging that SIAE was economically dependent on Meta and that Meta, by terminating negotiations (...)

The Italian Competition Authority investigates a Big Tech company over an alleged abuse of economic dependence in digital markets (SIAE / Meta)
Municipality of Cagliari
166 contributions 132929 visits
Relying on the recently enlarged notion of abuse of economic dependence on digital markets, the Italian Competition Authority (ICA) has opened an in-depth investigation against the Meta group in the Meta v SIAE case (See Autorità Garante della Concorrenza e del Mercato (Italian Competition (...)

The Italian Competition Authority commences investigation over an alleged abuse of economic dependence by a Big Tech firm in the licensing of the use of music rights on its platforms (SIAE / Meta)
Italian Competition Authority (Rome)
Italy 69 contributions 18292 visits
A559 - ICA: probe started for abuse of economic dependence by Meta towards SIAE* According to the Authority, Mark Zuckerberg’s company could have unduly interrupted the negotiations for licensing the use, on its platforms, of musical rights thus abusing of SIAE’s economic dependence. At the (...)

The Czech Competition Authority rejects an appeal from a collecting society for music authors and confirms the fine for abuse of dominant position (OSA)
Bird & Bird (Prague)
République tchèque 25 contributions 4314 visites
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Dentons (Prague)
République tchèque 14 contributions 3241 visites
The Czech Office for the Protection of Competition ("Office") published a press release (without publishing the full decisions yet) regarding the rejection of the appeal of the collecting society for music authors’ rights OSA - Ochranný svaz autorský pro práva k dílům hudebním, z.s. ("OSA"), (...)

The EU Court of Justice rules that the fee structure for music played at festivals adopted by a Belgian collecting society is not abusive (SABAM)
Milbank (London)
United Kingdom 12 contributions 2083 visits
On 25 November 2020, the Court of Justice ((“ECJ”) delivered a judgment in Case C-327/19, ruling that the fee structure for music played at festivals adopted by the Belgian collecting society SABAM is not necessarily abusive under Article 102 TFEU. The case came before the ECJ by way of a (...)

The EU Court of Justice states that the fee structure for music played at festivals adopted by a collecting society is not necessarily abusive (SABAM)
Van Bael & Bellis (Brussels)
Belgium 154 contributions 52616 visits
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Van Bael & Bellis (Brussels)
Belgium 41 contributions 11071 visits
On 25 November 2020, the Court of Justice of the European Union (the CJEU) delivered a judgment in case C-372/19 holding that the fee structure for music played at festivals adopted by collecting societies such as SABAM is not necessarily abusive under Article 102 TFEU. The case had come (...)

The EU Court of Justice rules on the royalty mechanism of a Belgian collecting society in a situation of de facto monopoly (SABAM)
Clifford Chance (Paris)
France 1 contribution 236 visits
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Christian Dior (Paris)
France 1 contribution 236 visits
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University Paris Saclay
France 1 contribution 236 visits
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On 25 November 2020, the European Court of Justice (ECJ) handed down its preliminary ruling in response to the request by the Ondernemingsrechtbank Antwerp as to the interpretation of Article 102 TFEU. The disagreement between Weareone.World and Wecandance on one side, and SABAM, a Belgian (...)

The EU Court of Justice AG Pitruzzella offers guidance on the method for calculating royalties that may lead to a finding of abuse of a dominant position (SABAM)
Van Bael & Bellis (Brussels)
Belgium 4 contributions 634 visits
On 16 July 2020, Advocate General (“AG”) Pitruzzella issued an opinion in Case C-327/19, advising the Court of Justice of the European Union (“ECJ”) on whether the method for calculating royalties used by SABAM, the Belgian collecting society, amounts to an abuse of a dominant position under (...)

The Czech Competition Authority fines the collective rights management organisation for abuse of a dominant position (OSA)
Dentons (Prague)
Czech Republic 5 contributions 633 visits
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Bird & Bird (Prague)
République tchèque 25 contributions 4314 visites
In a first-instance decision, the Office for the Protection of Competition ("Office") imposed a fine amounting to CZK 10,676,000 on the collective rights management organisation, Ochranný svaz autorský pro práva k dílům hudebním ("OSA"), for an abuse of a dominant position. The decision has (...)

The Spanish Competition Authority fines a company for abuse of dominant position in the management and exploitation of intellectual property rights of authors and publishers of musical and audiovisual works (SGAE)
Callol, Coca & Asociados (Madrid)
Espagne 170 contributions 46139 visites
The NMCC has fined the Spanish Society of Authors, Composers and Publishers (SGAE) €2.95 million for abusing its dominant position in the management and exploitation of intellectual property rights of authors and publishers of musical and audiovisual works (Articles 2 SCA and 102 TFEU). The (...)

The Spanish Competition Authority fines a collecting company for abuse of dominant position in the management and exploitation of IP rights (SGAE)
European Commission - DG COMP (Brussels)
Belgium 45 contributions 20610 visits
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Gómez-Acebo & Pombo (Brussels)
Belgium 51 contributions 28526 visits
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Basic-Fit (Hoofddorp)
Netherlands 45 contributions 20592 visits
The CNMC has fined SGAE (“Sociedad General de Autores y Editores”) with EUR 2.95 million for abusing its dominant position in the market of management and exploitation of musical and audio-visual intellectual property rights. The CNMC investigation started in 2017, following several (...)

The Brussels Court of Appeal asks the EU Commission to provide advice and information regarding the tariffs for concerts and music festivals of a copyright collecting society (SABAM)
Simmons & Simmons (Brussels)
Belgium 21 contributions 15851 visits
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Simmons & Simmons (Brussels)
Belgium 5 contributions 1552 visits
On 10 May 2019, by interim judgment, the Brussels Court of Appeal asked the European Commission to provide advice and information regarding the tariffs for concerts and music festivals of SABAM – the Belgian copyright collecting society – in light of the prohibition to abuse a dominant (...)

The EU Court of Justice accepts an alternative to the United Brands test to establish excessive pricing (AKKA / LAA)
Municipality of Cagliari
166 contributions 132929 visits
On replying to the preliminary questions referred by the Supreme Court of Latvia (SCL), in AKKA v LAA the CJEU has accepted a methodology other than the two-limb United Brands test to establish an excessive pricing practice. The CJEU also clarifies the criteria to set the amount of the fine (...)

The Italian Competition Authority accepts commitments from a collecting society in an abuse of dominance investigation (Nuovoimaie)
Van Bael & Bellis (Brussels)
Belgique 191 contributions 65797 visites
On 22 March 2017, the Italian Competition Authority (“ICA”) accepted commitments from the copyright-collecting society NUOVOIMAIE (“NI”) aimed at addressing ICA’s concerns that NI had abused its dominant position on the Italian market for management and intermediation services in the (...)

The Ljubljana Court of Appeal annuls a decision concerning minor offense proceedings against a collecting society (SAZAS)
Fatur Menard (Ljubljana)
Slovenia 20 contributions 53658 visits
Introduction In SAZAS case, the Slovenian Competition Protection Office (hereinafter referred to as the CPO) adopted a partial administrative decision in April 2011 (Case 306-35/2009-108), finding that Združenje skladateljev, avtorjev in založnikov za zaščito avtorskih pravic Slovenije (...)

The Spanish Competition Authority fines two IP rights collecting societies for abuse of dominance (AGEDI / AIE RADIO)
European Commission - DG COMP (Brussels)
Belgique 714 contributions 217943 visites
CNMC fines two intellectual property rights collecting societies* The Spanish Competition Authority, CNMC (National Commission for Markets and Competition), sanctioned two intellectual property rights collecting societies for abusing their dominant position on the management of intellectual (...)

The Spanish Competition Authority fines IP rights collecting society for abuse of dominance (Sociedad General de Autores y Editores)
European Commission - DG COMP (Brussels)
Belgique 714 contributions 217943 visites
CNMC Fines IP Rights Collecting Society for Abuse of Dominant Position* On 14 November 2014, the Comisión Nacional de los Mercados y la Competencia (CNMC) imposed a fine of € 3 103 196 on Sociedad General de Autores y Editores (SGAE) for abusive practices concerning the management of (...)

The Finnish Competition Authority issues report on collective management organisations and the promotion of healthy competition in the market of the copyrighted works (Teosto / Gramex / Kopiosto / Tuotos)
Finnish Competition and Consumer Authority (Helsinki)
Finland 74 contributions 12561 visits
Finnish Competition and Consumer Authority: Numerous problems on the copyright market* The ambiguity of the legislation and the complexity of the market serve to fortify the monopoly of the collective management organisations on the market, says the Finnish Competition and Consumer Authority (...)

The Australian Competition Authority authorises for the second time arrangements for the acquisition and licensing of performing rights in music, subject to certain conditions (APRA)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82311 visits
ACCC requires improved dispute resolution in performing rights arrangements* The Australian Competition and Consumer Commission has reauthorised the Australasian Performing Right Association’s (APRA) arrangements for the acquisition and licensing of performing rights in music, subject to (...)

The Dutch Competition Authority receives commitment following an investigation into possible abuse of dominance in the music copyright sector (Buma / Stemra)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 207 contributions 34962 visits
Buma/Stemra promises ACM to offer more options in music copyright management* Dutch copyright collecting society Buma/Stemra will offer composers and songwriters more options in the management of their music copyrights. This has been laid down in a commitment Buma/Stemra made to the (...)

The Australian Competition Authority proposes to allow the national music copyright collection society to continue its arrangement for the acquisition and licensing of performing rights subject to a range of conditions (APRA)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82311 visits
ACCC proposes changes to performing rights arrangement* The Australian Competition and Consumer Commission proposes to allow the Australasian Performing Right Association (APRA) to continue its arrangements for the acquisition and licensing of performing rights in music subject to a range of (...)

The Spanish Competition Authority fines collecting society due to an abuse of dominant position concerning the management of intellectual property rights for musical videos played on jukeboxes (Asociación de Gestión de Derechos Intelectuales)
European Commission - DG COMP (Brussels)
Belgique 714 contributions 217943 visites
Spain: The Comisión Nacional de la Competencia fines Collecting Society AGEDI concerning Management of IPR for Use of Musical Videos on Jukebox* By decision of 26 August 2013, the Comisión Nacional de la Competencia (CNC) Council fined Asociación de Gestión de Derechos Intelectuales (AGEDI) (...)

The Latvian Competition Authority fines a collective copyright management association for excessive pricing (AKKA / LAA)
Latvian Competition Council (Riga)
Latvia 122 contributions 23763 visits
The CC fines collective copyright management association for excessive pricing* On 2 April the Competition Council of Latvia (CC) adopted a decision to fine the collective copyright management association AKKA/LAA for abuse of dominant position. Royalty tariffs for music airplay in retail (...)

The Spanish Competition Authority fines an IP rights collecting society for abuse of dominant position (SGAE)
European Commission - DG COMP (Brussels)
Belgique 714 contributions 217943 visites
Spain: The Comisión Nacional de la Competencia fines Sociedad General de Autores y Editores (SGAE) for Abuse of Dominant Position* In its Resolution of 3 July 2012, the Council of the Comisión Nacional de la Competencia (CNC) decided that SGAE (IP rights collecting society) had abused its (...)

The Spanish Competition Authority fines copyright collecting societies for abusing of their dominant position (AGEDI / AIE)
European Commission - DG COMP (Brussels)
Belgique 714 contributions 217943 visites
Spain: The Comisión Nacional de la Competencia fines Copyright Collecting Societies AGEDI and AIE* In its Resolution of 14 June 2012, the Comisión Nacional de la Competencia (CNC) Council declared that the Asociación de Gestión de Derechos Intelectuales (AGEDI) and Artistas, Intérpretes y (...)

The Croatian High Administrative Court upholds the Competition Authority’s decision concerning the abuse of dominance in the collection of royalties (Croatian Composers’ Society)
University of Macau - Faculty of Law
Chine 284 contributions 224924 visites
On 7 March 2012 the Croatian High Administrative Court (VUS) upheld the infringement decision of the Croatian Competition Authority (AZTN) issued against the Croatian Composers’ Society (HDS-ZAMP) for abusing its dominant position on the market for collection of royalties for copyrighted music (...)

The Spanish Competition Authority imposes a fine for abuse of dominance on an IPs’ collecting society charging unfair and discriminatory prices on TV broadcaster (Artistas Intérpretes o Ejecutantes)
European Commission - DG COMP (Brussels)
Belgique 714 contributions 217943 visites
Spain: The CNC’ Council fines AIE, Intellectual Property Rights’ Collecting Society* On 23 February 2011, the Council of the National Competition Commission (CNC) imposed a fine of € 532 686 on Artistas Intérpretes o jecutantes, Sociedad de Gestión de España (AIE) for an infringement of (...)

The Croatian Competition Authority finds no abuse of dominance in the royalty collecting mechanism applied by the national collecting society for copyrighted music (Croatian Composers’ Society)
University of Macau - Faculty of Law
Chine 284 contributions 224924 visites
On 16 December 2010 the Croatian Competition Authority (AZTN) completed its investigation into the royalties collecting mechanism administered by the national collecting society for copyrighted music – the Croatian Composers’ Society (HDS-ZAMP) and found no abuse of dominant position alleged (...)

The Spanish Competition Authority issues a report on the management of IP rights by collecting societies and concludes that their monopolistic position facilitates the distortion of effective competition
Etex (Zaventem)
Belgium 8 contributions 15570 visits
On January 19, 2010, the Spanish Competition Commission published a report on collective societies’ management of Intellectual Property Rights (“IP rights”) in Spain and concluded that Spanish collecting societies enjoy a monopolistic position that reduces their incentives to operate (...)

The Latvian Administrative Regional Court upholds the decision of the Competition Authority and confirms the abuse of dominant position committed by a collecting society (AKKA / LAA)
Latvian Competition Council (Riga)
Latvia 122 contributions 23763 visits
Court Upholds the Decision on Abuse of Dominant Position by Collective Copyright Management Association* With the decision of 11 December 2009 the Administrative Regional Court rejected a claim of the Collective Copyright Management Association AKKA/LAA against the 1 December 2008 decision (...)

The Spanish Competition Authority fines the Spanish copyright collecting society for abusive practices (AIE)
Van Bael & Bellis (Brussels)
Belgique 191 contributions 65797 visites
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Practising Law Institute (New York)
États-Unis 93 contributions 31413 visites
On 23 July 2009, the Spanish Competition Authority fined AIE, the Spanish collecting society for music artists, for abusive practices in the period since 1995, in breach of Article 82 EC and the equivalent Spanish provision. The decision followed from a complaint by Telecinco, a Spanish (...)

The Spanish Competition Authority fines music industry collecting societies for discriminatory pricing (Fonogramas)
Van Bael & Bellis (Brussels)
Belgique 191 contributions 65797 visites
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Practising Law Institute (New York)
États-Unis 93 contributions 31413 visites
On 9 December 2008, the Spanish Competition Authority adopted a decision fining the two Spanish collecting societies in the music industry, AGEDI (representing music producers) and AIE (representing artists), for discriminatory pricing in breach of Article 82 EC and the equivalent provision of (...)

The Spanish Competition Authority fines collecting societies for the second time in two years for abuse of dominance in their management of intellectual property rights (Fonogramas)
Etex (Zaventem)
Belgium 8 contributions 15570 visits
On 9th December 2008, the Spanish Competition Commission (“CNC”) issued a decision, establishing that the Association for the Management of Intellectual Property Rights (AGEDI) and the Management Society of Artists, Interpreters or Performers (AIE) had abused their dominant position in the (...)

The Latvian Competition Authority imposes a penalty on national collective copyright management association for abuse of dominance (AKKA / LAA)
Latvian Competition Council (Riga)
Latvia 122 contributions 23763 visits
The Competition Council Imposes Penalty on AKKA/LAA for Abuse of Dominant Position* On 1 December 2008 the Competition Council of Latvia (CC) has adopted decision on Latvian collective copyright management association AKKA/LAA (“Copyright and Communication Consulting Agency/Latvian Authors (...)

The EU Court of Justice AG Trstenjak delivers an opinion on the remuneration model applied by the Swedish copyright collecting society (Kanal 5 / TV 4 / STIM)
Van Bael & Bellis (Brussels)
Belgique 191 contributions 65797 visites
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Practising Law Institute (New York)
États-Unis 93 contributions 31413 visites
On 11 September 2008, Advocate General Trstenjak delivered her opinion on four questions referred to the ECJ by the Swedish Market Court. The questions arose in a dispute between two commercial TV channels, TV 4 and Kanal 5 (the “TV channels”) and the Swedish copyright collecting society Stim. (...)

The Polish Competition Authority imposes a financial penalty on an authors’ association for a late compliance with a previous cease and desist order (ZAiKS)
European Commission - DG COMP (Brussels)
France 37 contributions 155622 visites
Article 107 of the Act of 16 February 2007 on Competition and Consumer Protection (hereafter: the ACCP) provides, inter alia, that the President of the Office of Competition and Consumer Protection (hereafter : the OCCP President) may impose on undertakings a financial penalty equivalent up to (...)

The Dutch Competition Authority clears a collective performance rights organisation of allegations of price discrimination and excessive pricing (Fresh FM / Buma)
European Commission - DG COMP (Brussels)
Belgique 3 contributions 11414 visites
Introduction On the 16 January 2003, the commercial regional radio station Fresh FM submitted a complaint to the Dutch Competition Authority, the Nma, regarding the tariffs charged by Buma, the Dutch collective performance rights organization, to its clients. Fresh FM accused Buma of abusing (...)

The Polish Supreme Court confirms that the authors’ association falls within the scope of national competition law provisions (ZaiKS)
European Commission - DG COMP (Brussels)
France 37 contributions 155622 visites
The Authors’ Association ZaiKS (hereafter: ZAiKS) is the biggest and the oldest music collecting management organization in Poland and a member of CISAC, i.e. the International Confederation of Societies of Authors and Composers. While at the EC level the EC Commission has condemned the use (...)

The Polish Competition Authority conducts antitrust proceedings against the Polish authors’ association in order to stop alleged monopolist practices (ZAiKS)
Kochanski (Warsaw)
Poland 6 contributions 17907 visits
Background For several years now, the Polish Office of Competition and Consumer Protection is carefully monitoring the practices of the copyright protection organizations and, as a result, there are few cases pending nowadays related to the competition protection within the copyright market. (...)

The Swedish Market Court makes a preliminary reference to the EU Court of Justice on copyright management by collecting societies (Kanal 5 / TV 4 / STIM)
General Court of the European Union (Luxembourg)
Luxembourg 8 contributions 33213 visites
Introduction Since Sweden joined the European Union in 1995, the Swedish courts have been reluctant to make preliminary references to the European Court of Justice (“ECJ”) in all fields of law. Up until 2006, the Swedish courts had made on average 5 preliminary references per year, in (...)

The Spanish Competition Authority establishes that a collecting society has abused its dominant position by discriminating two TV operators but rejects plaintiffs’ claims that prices were excessive (Televisiones)
Spanish Competition Authority (CNMC) (Madrid)
Spain 6 contributions 26764 visits
The Spanish Intellectual Property law has been modified over time. The law that currently regulates Intellectual Property dates from 1996 and compiles all the applicable legislation on this matter. This law, called Texto Refundido de la Ley de Propiedad Intelectual (from now on TRLPI) has (...)

The Madrid Commercial Court establishes that a collecting society did not abuse its dominant position by refusing to provide special rates to a pay-TV digital platform (Canal Satélite Digital / DTS / SGAE)
Hogan Lovells (Madrid)
Espagne 47 contributions 92212 visites
Canal Satélite Digital, SL (hereinafter, “CSD”), the only pay-TV digital platform currently operating in Spain, and DTS Distribuidora de TV Digital (“DTS”) (together, the “Complainants”) lodged a claim against the collecting society Sociedad General de Autores y Editores (“SGAE“) for an (...)

The Madrid Commercial Court clears the main national collecting society’s pricing practice (Canal Satélite Digital / DTS / SGAE)
DG TRADE (Brussels)
Belgium 30 contributions 119528 visits
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Garrigues (Brussels)
Belgium 28 contributions 104340 visits
A Spanish commercial judge has made an interesting contribution to the series of cases under EC antitrust law concerning the pricing practices of national copyright-management societies (hereinafter, “collecting societies”). The two applicants are digital TV platforms offering their clients (...)

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)
London School of Economics
United Kingdom 57 contributions 301563 visits
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 (...)

The Polish Competition Authority examines the abuse of dominant position of an authors’ association on the national music copyright collective management market (ZAiKS)
European Commission - DG COMP (Brussels)
France 37 contributions 155622 visites
On January 9th, 2006, the Competition and Consumer Protection Court (hereafter,“CCPC”) upheld the decision of the President of the Office of Competition and Consumer Protection (hereafter, “OCCP President”) condemning ZAiKS Authors’ Association (hereafter, ZAiKS) for abusing its dominant (...)

The Greek Competition Authority considers that the Greek Society for the Protection of Intellectual Property has abused its dominant position on the market for the administration of the intellectual property rights of Greek and foreign composers (AEPI)
University College London
United Kingdom 36 contributions 102856 visits
A number of Greek composers and the Association of Greek composers complained to the Hellenic Competition Commission (Competition Commission) that the Greek Society for the Protection of Intellectual Property (AEPI), a profit making organization of collective administration and distribution of (...)

Mergers

 The EU Commission conditionally approves online rights licensing and administration joint venture between collective management organizations (PRSfM / STIM / GEMA)
Van Bael & Bellis (Brussels)
Belgique 227 contributions 71765 visites
On 16 June 2015, the EU Commission conditionally approved the proposed joint venture between music collective management organisations PRS for music Limited (“PRSfm”) of the UK, Föreningen Svenska Tonsättares Internationella musikbyrå u.p.a. (“STIm”) of Sweden, and Gesellschaft für (...)

The EU Commission approves a joint venture for cross-border licensing of online music between three music collecting societies (PRSfM / STIM / GEMA)
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2815076 visits
Commission approves joint venture for cross-border licensing of online music between PRSfM, STIM and GEMA, subject to commitments* Following an in-depth investigation, the European Commission has approved under the EU Merger Regulation the proposed creation of a joint venture for (...)

The EU Commission grants clearance subject to divestiture to a merger in the music publishing industry (BMG / Universal)
JG Associates (Brussels)
193 contributions 63223 visites
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European Commission - DG COMP (Brussels)
Belgium 148 contributions 49895 visits
Merger control: Main developments between 1 May and 31 August 2007* In May the Commission approved the proposed acquisition of the music publishing business of Bertelsmann Music Group(BMG) of Germany by the US-based company Universal. The Commission found that the proposed merger, as (...)

The EU Commission conditionally approves a merger in the music publishing business addressing the issue of market power of music publishers in view of evolutions in digital music publishing (Universal / BMG)
European Commission - DG CNECT (Brussels)
Belgium 6 contributions 7029 visits
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European Commission - DG COMP (Brussels)
Belgium 13 contributions 9781 visits
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European Commission - DG COMP (Brussels)
Belgium 4 contributions 3188 visits
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Universal / BMG: Market power of music publishers in view of evolutions in digital music publishing* On 22 May 2007, the European Commission approved, subject to conditions, the acquisition by Universal Music Group Inc. (“Universal”) of BMG Music Publishing (“BMG”). Both companies are active (...)

Regulatory

 The Canadian Telecom Regulator has an opportunity to effectively control online piracy based on a proposal from a coalition of telecom operators and rights holders (FairPlay Canada)
International Center for Law & Economics (Portland)
United States 1 contribution 196 visits
The Canadian Parliament Has an Opportunity to Effectively Control Online Piracy In an ideal world, it would not be necessary to block websites in order to combat piracy. But we do not live in an ideal world. We live in a world in which enormous amounts of content—from books and software to (...)

The Finnish Competition Authority releases a report concerning the lack of uniformity among authorities in licensing and supervision practices
Finnish Competition and Consumer Authority (Helsinki)
Finland 74 contributions 12561 visits
FCCA: Lack of uniformity in licensing and supervision practices hurt the ability of companies to operate on the market* The lack of uniformity among authorities in licensing and supervision practices make it more difficult for companies to enter the field and expand their operations, (...)

The EU Commission holds a roundtable on online music distribution and publishes a joint statement signed by key industry players
Van Bael & Bellis (Brussels)
Belgium 154 contributions 52616 visits
On 19 October 2009, the participants of a European Commission Roundtable on the online distribution of music signed a joint statement setting out general principles that aim to underpin the online distribution of music in the future. Participants in the Roundtable comprised Amazon, BEUC, EMI, (...)

Anticompetitive practices

 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)
Bird & Bird (The Hague)
Netherlands 34 contributions 8710 visits
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Bird & Bird (The Hague)
Netherlands 1 contribution 104 visits
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Bird & Bird (Amsterdam)
Netherlands 1 contribution 104 visits
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, (...)

The Italian Competition Authority opens investigation into an alleged anticompetitive agreement in the audiovisual market (SIAE)
Luiss Guido Carli University (Rome)
Italy 27 contributions 5443 visits
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Bird & Bird (Rome)
Italy 19 contributions 4082 visits
On 2 February 2021, the Italian National Competition Authority (“AGCM”) opened an investigation against the Italian Society for Authors and Publishers (“SIAE”) – organisation responsible for the collective management of copyright in Italy – and various trade associations with a view to (...)

The US DoJ opens a review of the consent decrees and expects comments on the competitive concerns that arise from the joint licensing in the music industry (ASCAP / BMI)
Sheppard Mullin (New York)
United States 3 contributions 676 visits
Department of Justice Opens Review of ASCAP and BMI Consent Decrees* The Antitrust Division of the Department of Justice announced in June 2014 that it has opened a review of the 73-year-old ASCAP and BMI Consent Decrees. In its press release, the DOJ noted that it is most interested in (...)

The EU General Court partially annuls a Commission decision on anti-competitive conduct among copyright collecting societies (CISAC)
Van Bael & Bellis (Brussels)
Belgium 154 contributions 52616 visits
On 12 April 2013, the EU General Court (GC) handed down its judgments in the appeals brought by the International Confederation of Societies of Authors and Composers (CISAC) and 21 of its member collecting society associations against an earlier decision of the European Commission (...)

The Stockholm District Court of Appeal holds that an agreement whereby authors have entrusted the administration of their literary works to a collecting society constitutes the basis of an unlawful cooperation and thus is null and void (Mediearkivet)
Vinge (Stockholm)
Suède 18 contributions 18645 visites
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Cosmetics Europe (Brussels)
Belgique 10 contributions 3307 visites
Introduction In two cases concerning the administration by a collecting society of literary works, the Stockholm District Court and, on appeal, the Court of Appeal, examined the agreements whereby authors had entrusted the administration of their literary works to a collecting society. It (...)

The EU Court of Justice dismisses appeal against rejection of complaint with respect to collective management of copyright for musical works in Greece (AEPI)
Court of First Instance of Namur (Namur)
Belgique 224 contributions 46563 visites
On 23 April 2009, the European Court of Justice (“ECJ”) dismissed the appeal brought by AEPI against a judgment of the Court of First Instance (“CFI”) upholding the Commission’s decision to reject a complaint lodged by AEPI, a Greek entity in charge of collective management of intellectual (...)

The EU Court of Justice Advocate General Mengozzi recommends annulment of CFI’s judgment in the collective management of copyright sector (AEPI)
Court of First Instance of Namur (Namur)
Belgique 224 contributions 46563 visites
Advocate General (AG) Mengozzi has recently delivered two interesting opinions in the field of competition law enforcement. On appeal in the AEPIand Archer Daniels Midlandcases, he advised the Court of Justice to quash the judgments of the Court of First Instance (CFI). He further recommended (...)

The Mannheim Regional Court holds that reciprocal representation agreements concluded between national collecting societies are not void (GEMA / BUMA / STEMRA)
Gleiss Lutz (Munich)
Germany 28 contributions 49000 visits
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Milbank (Munich)
Germany 28 contributions 49000 visits
On 7 November 2008, the Regional Court of Mannheim issued a decision on the validity of territorial limitations contained in reciprocal representation agreements concluded between national collecting societies. The case concerned the question whether a national collecting society was entitled (...)

The Haarlem District Court rules on a dispute between the Dutch collecting society and the UK collecting society regarding the licensing of portfolio (BUMA / PRS)
Van Bael & Bellis (Brussels)
Belgium 154 contributions 52616 visits
In a judgment dated 19 August 2008 (published only recently), the District Court of Haarlem in the Netherlands ruled on a dispute between the Dutch collecting society BUMA (“BUMA”) and the UK collecting society Performing Right Society Limited (“PRS”), regarding the licensing by BUMA of PRS‘ (...)

The EU Commission prohibits collecting societies from restricting competition into the conditions for the management and licensing of authors’ public performance rights for musical works (CISAC)
European Commission - DG HR (Brussels)
Belgium 1 contribution 956 visits
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European Commission - DG COMP (Brussels)
Belgium 1 contribution 956 visits
"The CISAC decision - creating competition between collecting societies for music rights"* I. Introduction On 16 July 2008 the European Commission adopted a decision prohibiting 24 European collecting societies from restricting competition as regards the conditions for the management and (...)

The EU Commission exempts a standard agreement entered into by a number of copyright administration societies from Europe, South America, Asia and New Zealand (IFPI Simulcasting)
DLA Piper (Lisbon)
Portugal 20 contributions 28490 visites
"From discothèques to websites, a new approach to music copyright licensing: the Simulcasting decision"* On 8 October 2002 the Commission adopted a decision in case COMP/C2/38.014 IFPI Simulcasting exempting a standard agreement entered into by a number of copyright administration societies (...)