CASE COMMENTS : ANTICOMPETITIVE AGREEMENT – CONCERTED PRACTICES – EXPLOITATION OF COPYRIGHT – PARALLEL CONDUCT – GEOGRAPHIC ALLOCATION OF MARKETS

Concerted practices: The General Court partially annuls the Commission’s CISAC decision of 16 July 2008 for lack of evidence of concerted practices with respect to territorial exclusivities (National collecting societies)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. This case gives the Court of First Instance an opportunity to recall and illustrate the rules governing the rules of evidence in relation to anti-competitive practices, and in particular those specifying the burden on the Commission and on the undertakings concerned in demonstrating - or contesting - the existence of such practices. In its CISAC decision of 16 July 2008 (Case COMP/C2/38.698), the European Commission had condemned practices implemented by 24 societies for the collective management of authors' rights (CMS) as well as by CISAC, a non-governmental organization responsible for the promotion of CMS. At issue were a number of provisions contained

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