MCPSI/ Synchronisation Licence; MCPSI/Radio Station Licence Agreement [1999] IECA 570 (8th October, 1999)

MCPSI/ Synchronisation Licence; MCPSI/Radio Station Licence Agreement [1999] IECA 570 (8th October, 1999)

The Authority found that the notified agreements are between undertakings but do not have as their object or effect the prevention, restriction, or distortion of competition in the State. The terms of the Synchronisation Licence and Radio Station Licence Agreement, including individually negotiated royalty rates and necessary compliance mechanisms, do not contravene Section 4(1) of the Competition Act, 1991.

Citation
[1999] IECA 570
Parties
Notifier: Mechanical Copyright Protection Society Limited (MCPS); Notifier: Mechanical Copyright Protection Society Ireland Limited (MCPSI); Decision Maker: Competition Authority; Licensee: Independent Radio Stations; Licensee: Advertising Agencies, Production Companies, Facility Houses
Jurisdiction
Ireland
Procedural Posture
Competition Law Notification/decision / Final Decision
Outcome
Certificate issued; agreements do not contravene Section 4(1) of the Competition Act, 1991.
Legal Topics
Collective Licensing, Mechanical Copyright, Synchronisation Licence, Radio Station Licence Agreement, Section 4 Competition Act 1991
Competition Law Copyright Law Collective Licensing Mechanical Copyright Synchronisation Licence Radio Station Licence Agreement Section 4 Competition Act 1991

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Parties

Mechanical Copyright Protection Society Limited (MCPS)

Notifier

Mechanical Copyright Protection Society Ireland Limited (MCPSI)

Notifier

Competition Authority

Decision Maker

Independent Radio Stations

Licensee

Advertising Agencies, Production Companies, Facility Houses

Licensee

Procedural Posture

Competition Law Notification/decision / Final Decision

Legal Issues

  1. 1 Whether the notified agreements contravene Section 4(1) of the Competition Act, 1991
  2. 2 Whether a certificate should be issued under Section 4(4) of the Competition Act, 1991

Ratio Decidendi

The Authority found that the notified agreements are between undertakings but do not have as their object or effect the prevention, restriction, or distortion of competition in the State. The terms of the Synchronisation Licence and Radio Station Licence Agreement, including individually negotiated royalty rates and necessary compliance mechanisms, do not contravene Section 4(1) of the Competition Act, 1991.

Court Disposition

Certificate issued; agreements do not contravene Section 4(1) of the Competition Act, 1991.

Orders

  • Certificate issued for CA/488/92E - MCPSI/ Synchronisation Licence
  • Certificate issued for CA/500/92E - MCPSI/ Radio Station Licence Agreement