MCPSI / Production (Library) Music Side Agreement [1999] IECA 573 (15th November, 1999)

MCPSI / Production (Library) Music Side Agreement [1999] IECA 573 (15th November, 1999)

The notified agreement restricts competition within the meaning of Section 4(1) by establishing exclusive collective enforcement and uniform royalty rates, but qualifies for a licence under Section 4(2) because the collective rights management system is indispensable for efficient licensing, benefits both rights holders and users, and does not eliminate competition in a substantial part of the market.

Citation
[1999] IECA 573
Parties
Notifier: Mechanical Copyright Protection Society Limited (MCPS); Notifier: Mechanical Copyright Protection Society Ireland Limited (MCPSI); Decision Maker: Competition Authority
Jurisdiction
Ireland
Procedural Posture
Competition Law Notification / Decision on Notification and Licence Grant
Outcome
Licence granted under Section 4(2) of the Competition Act, 1991.
Legal Topics
Collective Rights Management, Copyright Licensing, Horizontal Agreements, Price Fixing, Market Intermediation
Competition Law Intellectual Property Collective Rights Management Copyright Licensing Horizontal Agreements Price Fixing Market Intermediation

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Parties

Mechanical Copyright Protection Society Limited (MCPS)

Notifier

Mechanical Copyright Protection Society Ireland Limited (MCPSI)

Notifier

Competition Authority

Decision Maker

Procedural Posture

Competition Law Notification / Decision on Notification and Licence Grant

Legal Issues

  1. 1 Whether the Production (Library) Music Side Agreement contravenes Section 4(1) of the Competition Act, 1991
  2. 2 Whether the agreement qualifies for a licence under Section 4(2) of the Competition Act, 1991

Ratio Decidendi

The notified agreement restricts competition within the meaning of Section 4(1) by establishing exclusive collective enforcement and uniform royalty rates, but qualifies for a licence under Section 4(2) because the collective rights management system is indispensable for efficient licensing, benefits both rights holders and users, and does not eliminate competition in a substantial part of the market.

Court Disposition

Licence granted under Section 4(2) of the Competition Act, 1991.

Orders

  • Licence applies from 15 November 1999 until 7 October 2014.