La gestión colectiva de los derechos de propiedad intelectual frente al derecho de la competencia

Abstract

The aim of this work is to analyse anticompetitive practices the field of collective management of IP rights. The possibility of an antitrust intervention to deal with property rights has been cautiously managed, being limited to certain cases with deficient regulation underlining the anticompetitive practice. In the recent years, this kind of intervention has been particularly intense in the field of collective management of IP rights. In this field collective societies enjoy a monopoly power. Collective management of intellectual property rights is an economic activity having an impact on two different markets: the market of copyright held by right holders and the licensing of copyright to commercial users. Both markets have been subject of several decisions declaring the existence of anticompetitive practices. This work analyses the causes for this market power and from a regulatory point of view, explores the better way to increase competition. Case law is subject to an exhaustive analysis in order to systematize the criteria to assess the existence of anticompetitive practices, aiming to make clear the acting limits of collecting societies.