OSA (the Czech Spa case): Article 102 TFEU as a Means to Attack Excessive Copyright Fees of Collecting Societies?

摘要

Even where national law reserves collective management of rights to a certain collecting society, this does not exclude application of competition law rules, notably Article 102 of the Treaty on the Functioning of the European Union (TFEU): a collecting society may be found to abuse its dominant position if in a particular Member State it imposes fees that are appreciably higher than those charged in other Member States, or imposes a price that is excessive in relation to the economic value of the service provided.