CASE COMMENTS: UNILATERAL PRACTICES - EUROPEAN UNION - ABUSE OF EXPLOITATION - FEE SCHEDULES

Abuse of exploitation: The Court of Justice of the European Union specifies, in a preliminary ruling, the conditions for the admission of royalty scales applied by copyright collecting societies (SABAM / Weareone.World, Wecandance)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The scales of royalties applied by copyright collecting societies have already given rise to references for preliminary rulings before the Court of Justice on the basis of possible abuses of exploitation under Article 102 of the Treaty, in so far as they have de facto monopolies on the markets for the collection and distribution of the rights entrusted to their management. In 2017, the Court had had to rule on the conditions under which royalties could be considered unfair (this column, Concurrences , n°4-2017, pp.97-99 judgment, C-177/16 Latvijas Autoru apvienība of 14 Sept. 2017, EU:C:2017:689. The judgment of the Court of Justice of 25 November 2020 shows

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  • Côte d’Azur University, GREDEG (Nice)

Quotation

Frédéric Marty, Abuse of exploitation: The Court of Justice of the European Union specifies, in a preliminary ruling, the conditions for the admission of royalty scales applied by copyright collecting societies (SABAM / Weareone.World, Wecandance), 25 November 2020, Concurrences N° 1-2021, Art. N° 99124, pp. 130-131

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