# C_2008323EN.01000901.xml

| 18.12.2008 | EN | Official Journal of the European Union | C 323/9 |
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18.12.2008

EN

Official Journal of the European Union

C 323/9

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Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 17 June 2008 regarding a draft decision relating to Case COMP/C-2/38.698 — CISAC

Rapporteur: Spain

(2008/C 323/06)

| 1. | The majority of the Advisory Committee agrees with the Commission that the relevant product markets are:






  (a) | copyright administration services to authors; |
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1.

The majority of the Advisory Committee agrees with the Commission that the relevant product markets are:

(a)

copyright administration services to authors;

| (b) | copyright administration services to other collecting societies; |
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(b)

copyright administration services to other collecting societies;

| (c) | the licensing of public performance rights for satellite, cable and internet transmissions. |
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(c)

the licensing of public performance rights for satellite, cable and internet transmissions.

A minority abstains.

| 2. | The majority of the Advisory Committee agrees with the Commission that in the product markets listed from (a) to (c) the relevant geographic market is currently national in scope but could potentially be broader and at least regional in scope in the absence of the restrictions introduced by the collecting societies in the reciprocal agreements.
  A minority abstains. |
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2.

The majority of the Advisory Committee agrees with the Commission that in the product markets listed from (a) to (c) the relevant geographic market is currently national in scope but could potentially be broader and at least regional in scope in the absence of the restrictions introduced by the collecting societies in the reciprocal agreements.

A minority abstains.

| 3. | The majority of the Advisory Committee agrees with the Commission's conclusion that the membership clause — which reflect the language of Article 11(II) of the CISAC model before the revision of June 2004 — incorporated in the reciprocal agreements between collecting societies constitutes an anti-competitive practice as defined under Article 81(1) of the EC Treaty and Article 53(1) EEA and does not fulfil all the conditions of Article 81(3) of the EC Treaty and Article 53(3) EEA.
  A minority abstains. |
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3.

The majority of the Advisory Committee agrees with the Commission's conclusion that the membership clause — which reflect the language of Article 11(II) of the CISAC model before the revision of June 2004 — incorporated in the reciprocal agreements between collecting societies constitutes an anti-competitive practice as defined under Article 81(1) of the EC Treaty and Article 53(1) EEA and does not fulfil all the conditions of Article 81(3) of the EC Treaty and Article 53(3) EEA.

A minority abstains.

| 4. | The majority of the Advisory Committee agrees with the Commission's conclusion that the exclusivity clauses — which reflect the language of Article I of the CISAC model contract before the revision of 1996 — incorporated in the reciprocal agreements between collecting societies constitute an anti-competitive practice as defined under Article 81(1) of the EC Treaty and Article 53(1) EEA and does not fulfil all the conditions of Article 81(3) of the EC Treaty and Article 53(3) EEA.
  A minority abstains. |
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4.

The majority of the Advisory Committee agrees with the Commission's conclusion that the exclusivity clauses — which reflect the language of Article I of the CISAC model contract before the revision of 1996 — incorporated in the reciprocal agreements between collecting societies constitute an anti-competitive practice as defined under Article 81(1) of the EC Treaty and Article 53(1) EEA and does not fulfil all the conditions of Article 81(3) of the EC Treaty and Article 53(3) EEA.

A minority abstains.

| 5. | The majority of the Advisory Committee agrees with the Commission's conclusion that the practice of collecting societies which consists in systematically limiting in the bilateral reciprocal agreements the right to licence their repertoire to the domestic territory of the respective other collecting society:






  (a) | constitutes a concerted practice under Article 81(1) of the EC Treaty and Article 53(1) EEA; |
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5.

The majority of the Advisory Committee agrees with the Commission's conclusion that the practice of collecting societies which consists in systematically limiting in the bilateral reciprocal agreements the right to licence their repertoire to the domestic territory of the respective other collecting society:

(a)

constitutes a concerted practice under Article 81(1) of the EC Treaty and Article 53(1) EEA;

| (b) | does not fulfill the conditions defined under Article 81(3) of the EC Treaty and Article 53(3) EEA. |
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(b)

does not fulfill the conditions defined under Article 81(3) of the EC Treaty and Article 53(3) EEA.

A minority abstains.

| 6. | The majority of the Advisory Committee agrees with the Commission that the collecting societies that are still involved in the practices described under points 3 and 4 should immediately bring to an end the infringements.
  A minority abstains. |
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6.

The majority of the Advisory Committee agrees with the Commission that the collecting societies that are still involved in the practices described under points 3 and 4 should immediately bring to an end the infringements.

A minority abstains.

| 7. | The majority of the Advisory Committee agrees with the Commission that the collecting societies should bring an end to the practice described in point 5 within 90 days of the date of notification of the decision.
  A minority abstains. |
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7.

The majority of the Advisory Committee agrees with the Commission that the collecting societies should bring an end to the practice described in point 5 within 90 days of the date of notification of the decision.

A minority abstains.

| 8. | The Advisory Committee asks the Commission to take into account all the other points raised during the discussion. |
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8.

The Advisory Committee asks the Commission to take into account all the other points raised during the discussion.

| 9. | The Advisory Committee recommend the publication of its opinion in the Official Journal of the European Union. |
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9.

The Advisory Committee recommend the publication of its opinion in the Official Journal of the European Union.

Official Journal of the European Union

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