Previous article Next article

The EU Court of Justice rejects allegations of an abuse of dominance through unfair pricing by the Belgian collective management organisation for copyright (SABAM)

On 25 November 2020, the Court of Justice of the European Union (‘CJEU’ or ‘Court’) rendered its judgment on the alleged abuse of dominance by the only Belgian collective management organisation for copyright in musical works (the SABAM). In this decision, the Court confirms that calculation of licensing fees according to a fee scale based on gross receipts from ticket sales does not, per se, consist in unfair pricing in the meaning of Article 102 (a) TFEU. Nevertheless, the Court emphasises that the use of such scale may qualify as an abuse of dominance where the actual amount claimed is excessive, compared to the economic value of the service offered by the collective management organisation. This is the case when the fee scale encompasses a flat-fee system by tranches that does not

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Authors

Quotation

Brieuc Geuzaine, Caterina Roberti, The EU Court of Justice rejects allegations of an abuse of dominance through unfair pricing by the Belgian collective management organisation for copyright (SABAM), 25 November 2020, e-Competitions Judicial review & Burden of proof in unilateral practices cases , Art. N° 99589

Visites 96

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues