CASE COMMENTS: EUROPEAN AND INTERNATIONAL LAW – SPAIN – PUBLIC ENFORCEMENT - ABUSE OF DOMINANT POSITION – REDUCTION OF FEES

Spain: The Audiencia Provincial of Barcelona reduces the amount to be paid to a collecting society, finding that the fees requested from a concert promoter were abusive based on an earlier decision of the Spanish Competition Authority (SGAE)

The Audiencia Provincial of Barcelona has partially quashed the judgment of a Juzgado Mercantil of Barcelona which awarded collecting society SGAE € 115,398 corresponding to unpaid IP rights. The Audiencia Provincial found that the amount claimed by SGAE was inflated due to the application of excessive fees for the granting of a license, and therefore the Audiencia has significantly reduced the amount to be paid, down to € 23,599.24. At the origin of the case was a claim lodged by SGAE before the Juzgado Mercantil against a music promoter requesting the payment of the IP rights it had incurred into when publicly reproducing in concerts musical works whose rights were managed by SGAE. The fees requested by SGAE, and awarded by the Juzgado Mercantil in a judgment of November 2016, were

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Paloma Martínez-Lage Sobredo, Spain: The Audiencia Provincial of Barcelona reduces the amount to be paid to a collecting society, finding that the fees requested from a concert promoter were abusive based on an earlier decision of the Spanish Competition Authority (SGAE), 7 November 2019, Concurrences N° 1-2020, Art. N° 93413, pp. 190-191

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