The regulatory body deemed that the general fees for the management company are unequal, discriminatory and unreasoned, since they are not based on criteria of effective use of the repertoire under management; according to the Commission, this led to a widespread distortion of the market conditions and prices meriting penalization as an abuse of a dominant position.
The Commission further determined that AIE’s conduct was anticompetitive and discriminatory since they were charging the private television claimant amounts which differed significantly from those charged to public television.
Finally, the Commission invoked European Commission, EC High Court and Supreme Court rulings to remind AID that they have a unique responsibility in terms of transparency, objectivity and reasonability, even more so that other operators in the market given their monopoly as wells as the various privileges which intellectual property legislation accords them.
The ruling can be read in Spanish at: CNCOMPETENCIA
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