Spanish competitors authority CNMC fined assortment affiliation SGAE €6.4 million ($6.9 million at present alternate charges) for anti-competitive habits in licensing offers with radio and tv stations.
The issue is that SGAE makes use of a flat-rate license price for using its music and audiovisual tracks. this China Nonferrous Metals Group say in a single Press release Final week (June 26) SGAE The way in which charges are designed forces most broadcasters to simply accept “common availability charges”.
CNMC mentioned using flat charges prevents operators from receiving charges primarily based on the music they really use and limits their incentives to contemplate SGAE opponents. If a broadcaster indicators an settlement with a competing licensing group and makes use of that competing group’s music, it should nonetheless should pay the identical charges to SGAE.
CNMC additionally sanctioned SGAE for presenting its music tracks to customers as “generic” and “guaranteeing indemnification towards doable claims made by third events for using rights that don’t belong to its tracks.”
The investigation into SGAE started following a grievance from the entity Audiovisual Media Copyright, Administration Entity (Dharma), and unison”, China Nonferrous Metals Group mentioned.
“The CNMC as soon as once more concluded that SGAE distorted competitors and prevented or hindered new gamers from getting into the downstream licensing market of broadcasting entities, thereby leading to two very severe infringements of abuse of dominant place.”
unison
Unison mentioned it lodged a grievance towards SGAE in 2016, accusing the charging society of “abusing its dominant place” by utilizing “fastened” charges or availability expenses in downstream TV and radio markets and by licensing its programmes.
Unison mentioned in a separate press launch: “The CNMC has as soon as once more concluded that SGAE distorts competitors and prevents or impedes the entry of latest gamers into the downstream licensing marketplace for broadcasting entities, leading to two very severe infringements of abuse of a dominant place. “
Along with the superb, SGAE was ordered to stop the infringement. The CNMC has additionally agreed to use to the SGAE for a ban on getting into into contracts with public administrations, the period and scope of which can be decided by the Spanish Nationwide Public Procurement Advisory Council.
That is the second time SGAE has been fined by CNMC for obstructing competitors. Unison performed an necessary function in lobbying the CNMC in 2019 Fine SGAE 2.95 million euros Abusing its dominant place within the Spanish music rights market. In the identical yr, SGAE kick out of CISACThe Worldwide Federation of Societies of Authors and Composers launched the motion after publishers complained about “discriminatory remedy of rights holders and unfair practices associated to the distribution of royalties”.
In the meantime, the most recent growth is spanish Highest courtroom One other case towards SGAE is at present below overview. Unison mentioned it had lodged a declare for losses brought on by This complaint As of February 16, 2024, SGAE has been ordered to compensate Unison for the losses prompted.
“By this new decision, CNMC has confirmed that SGAE has been abusing its dominant place since 2016 by erecting and sustaining vital obstacles to entry for brand spanking new operators. Particularly, CNMC has confirmed that SGAE has been in upstream operations between 2016 and 2018. market and anti-competitive habits in downstream markets from no less than 2019 to the current,” Unison mentioned.
Unison is a non-public music rights administration firm primarily based in Barcelona and operates as an independently managed entity below Spanish mental property regulation. As Spain’s first personal music rights administration firm, Unison says its purpose is to deliver transparency and equity to the administration of authors’ rights.
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