Notion of abuse of dominance: EU Court of Justice Advocate General Trstenjak considers that a copyright management organisation which uses a method of collecting royalties leading to impose the payment of a fixed proportionate-share from the revenue that television channels draw from advertising contracts and subscription contracts violates article 82 EC (Kanal 5 / STIM)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. We will see the conclusions presented on the same day, September 11, 2008, by Advocate General Trstenjak in Case C-52/07 (Kanal 5 Ltd, TV 4 AB against Föreningen Svenska Tonsättares Internationella Musikbyrå (STIM)), which also follows a reference for a preliminary ruling from the Commission of the European Communities, made by a Swedish court, the Marknadsdomstolen. The questions of the the national court is concerned as to whether it is abusive with regard to the of Article 82 EC of the remuneration received by a Swedish collective management of copyright (STIM) in the chains of television for the use of protected musical works included in the his