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)

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 alleged infringement of Article 6 of the Spanish Law n° 16/1989 on Competition (the “Competition Act”), which is the national provision that mirrors Article 82 of the EC Treaty. The Complainants claimed that by refusing to negotiate the fees to be paid to the authors represented by SGAE as a compensation for the communication of their work to the public, the collecting society would be abusing its dominant position in the Spanish market. SGAE wanted to apply its complete general fees (which were fixed annually)

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Casto Gonzalez-Paramo, 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), 25 January 2006, e-Competitions Platforms, Art. N° 12632

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