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