The Spanish competition authority, the Comisión Nacional de la Competencia (CNC), has recently launched two investigations for alleged violation of the national and EU rules on abuse of dominant position (Article 2 of the Spanish Competition Act n. 15/2007 of 3 July 2007 and Article 102 of the Treaty on the Functioning of the European Union (TFEU)).
In the first case, following a complaint lodged by the TV broadcaster Antena 3 de Televisión, on 24 November 2010 the CNC opened formal proceedings against the copyright collecting societies Asociación de Gestión de Derechos Intelectuales (AGEDI) and Artistas, Intérpretes y Ejecutantes, Sociedad de Gestión de España (AIE) for practices that allegedly constitute an abuse of dominant position through the imposition of abusive rates in their commercial relations with TV broadcasters.
In the second and most recent case, following a complaint filed by three restaurants, on 30 November 2010 the CNC launched formal proceedings against SOCIEDAD GENERAL DE AUTORES Y EDITORES (SGAE) for practices that allegedly amount to an abuse of SGAE's dominant position, insofar as SGAE allegedly applied abusive tariffs/rates for the authorisation of public broadcast of music works during weddings and other events exclusively open to attendees with a personal invitation. In a similar case in 2006, the then Tribunal de defensa de la competencia held that SGAE had not abused its dominant position.
In both cases, the CNC will now have 18 months to reach a final decision in relation to the alleged abuses of dominance by these Spanish collecting societies.