Spain: APM v. SGAE, Spanish National Competition Commission, Resolution S/0460/13, 6 November 2014
Kluwer Copyright Blog
February 13, 2015
Please refer to this post as:, ‘Spain: APM v. SGAE, Spanish National Competition Commission, Resolution S/0460/13, 6 November 2014’, Kluwer Copyright Blog, February 13 2015, http://copyrightblog.kluweriplaw.com/2015/02/13/spain-apm-v-sgae-spanish-national-competition-commission-resolution-s046013-6-november-2014/
In a recent decision, the Spanish Market and Competition Commission (CNMC), imposed a fine of 3.1 million Euros on the Spanish collecting society, SGAE, for demanding an excessive fee for concert licensing.
This decision is of particular interest because the Spanish competition authority has taken a new approach when interpreting the European law on the method of analysing the fairness of a fee. This could lead to considerable uncertainty if this line of interpretation should become established.