The CNC Council has handed down a Resolution fining Sociedad General de Autores y Editores (SGAE) €1,766,744 after finding, on the basis of the evidence presented, that it had abused its dominant position in a market relating to the management of intellectual property rights
In its Resolution(S/0220/10), the CNC Council found that the practices examined in this case constituted a complex infringement comprising two types of conduct, conduct SGAE engaged in from its position of dominance in the market. The infringement involved the abuse of a dominant position through the discriminatory and non-transparent application of discounts and, since 2009, through the introduction of a substitute fee, which is unfair and discriminatory.
In determining the amount of the fine, the CNC Council took account of the aggravating circumstance of prior infringements provided for in article 64.2.a) of the Spanish Competition Act, as on 25 January 2002 SGAE was fined by the former Competition Tribunal for abuse of a dominant position in Case 511/01 Vale Music/SGAE.