La Comisión Nacional de los Mercados y la Competencia («CNMC«) ha incoado un expediente sancionador contra la principal entidad de gestión de derechos de autor de nuestro país, la Sociedad General de Autores y Editores («SGAE«) por realizar, presuntamente, prácticas restrictivas de la competencia en los mercados de gestión de los derechos de propiedad intelectual de autores y editores de obras audiovisuales y de obras musicales derivadas de un abuso de posición de dominio (art. 2 de la Ley de Defensa de la Competencia y art. 102 del Tratado de Funcionamiento de la Unión Europea). Según informa ese organismo.
La investigación se ha iniciado tras denuncias de las entidades Derechos de Autor de Medios Audiovisuales, Entidad de Gestión (DAMA) y Unison Rights, S.L.
El abuso de posición de dominio que se investiga consistiría, en concreto, en que la SGAE habría diseñado y aplicado las tarifas por disponibilidad en los mercados de televisión y radio, así como por licenciar a los usuarios su repertorio reputándolo universal de manera abusiva aprovechando el monopolio presunto con el que cuenta.
El interés de la SGAE con la implementación de tales prácticas sería reforzar la posición monopolística en el mercado e impedir tanto la competencia por otras entidades de gestión como la entrada y expansión de nuevos operadores en el mercado, visto que desde 2018 cabe que concurran entidades de gestión privadas en el mercado de la gestión de los derechos de autor.
La incoación de este expediente no prejuzga el resultado final de la investigación. Se abre ahora un periodo máximo de diez y ocho meses para la instrucción del expediente y para su resolución por la CNMC, pudiendo resolverse favorablemente o no para esta entidad de gestión que siempre podría acudir a los tribunales frente a una posible resolución negativa al respecto.
Imagen: Planteamagazine
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