In June 2013 the Competition Authority fined the Composers' Association for an abuse of dominance with a symbolic fine of KM5,500 (approximately €2,250).

At the beginning of 2013 the copyright protection association Sine Qua Non submitted a request to open investigation proceedings with the authority on charges of an abuse of the Composers' Association's dominant position on the market for the regulation of music copyright by way of broadcasting.

The authority analysed the collective agreement on the use of music works by way of broadcasting and individual agreements signed with the broadcasters in Bosnia and Herzegovina. It was determined that these documents contained the following restrictive provisions:

  • the Composers' Association exceeded its powers by imposing additional fees on broadcasters, not only for music copyright but also for all associated rights for which it had no authorisation;
  • a possible discount on the fee amount payable to the association by the broadcasters was conditioned by membership in certain professional associations; and
  • the fee was determined as a fixed amount, which contradicts its nature and purpose.

The authority found that the Composers' Association had abused its dominant position on the market by:

  • imposing unfair prices;
  • applying dissimilar conditions to equivalent agreements with different parties; and
  • imposing supplementary obligations with no connection to the subject of the agreement.

In addition to the fine, the authority requested that the abusive provisions be amended.

For further information on this topic please contact Srdjana Petronijevic at Moravcevic Vojnovic i Partneri in cooperation with Schoenherr by telephone (+381 11 320 26 00), fax (+381 11 320 26 10) or email (s.petronijevic@schoenherr.rs).

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