The Spanish National Competition Commission (CNC) has sanctioned the Association for the Management of Intellectual Rights (AGEDI) for the abuse of their dominant position for the exploitation rights of jukeboxes

9 September 2013

The CNC published a press notice informing that it had imposed a fine of €51,250 on AGEDI, as it is considered that they had abused their dominant position in the market of reproduction and public communication of audiovisual works in jukeboxes.

The regulating body conceives that AGEDI has established a disproportionate and unjustified link between rights of public communications of phonograms and music videos, despite the fact that they are managed separately and belong to different fields.

In the ruling it was also concluded that the payment system established by AGEDI for the remuneration of public communication rights is neither fair nor transparent. This also puts the operators of jukeboxes in a clear situation of legal uncertainty.

Finally, the CNC estimates that the limitation by AGEDI of the amount of phonograms and music videos that a jukebox can have for contracts with the suppliers of the contents, poses an abuse of their dominant position, insofar as it lacks objective justification.

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