Powered by Lexis+®
Jurisdiction(s):
United Kingdom

EU competition update: Court of Justice on hotel-occupancy royalties, Bronner for privatised infrastructure and margin squeeze; AG on sports bans, State aid recovery and Tercas; mergers and FSR updates

Published on: 18 December 2025

Published by a LexisNexis Competition expert
Legal News
imgtext
Article summary

Court of Justice rules on Czech reference concerning omission of hotel occupancy in copyright royalty tariffs and possible breach of Article 102 TFEU

The Court of Justice has delivered its judgment in Case C‑161/24, OSA, arising from a Czech reference seeking clarification on whether a collective management organisation’s failure to take account of hotel room occupancy when setting royalties for licensed works can amount to an abuse of a dominant position under Article 102 TFEU. The Court held that, depending on the particular circumstances, overlooking hotel occupancy may constitute an abuse within the meaning of Article 102 TFEU.

Background

In December 2019, the Czech Competition Authority (CCA) found that OSA, the Czech collective management organisation for musical and other artistic works, had abused its dominant position in the market for copyright licensing. Between 2008 and 2014, OSA applied flat‑rate royalties to hotel operators for audio and audiovisual works made available via in‑room television and radio equipment, without reflecting actual room occupancy. The CCA concluded that this pricing practice imposed unfair trading conditions, infringing Article 102 TFEU and corresponding national provisions...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Popular documents

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Read More Right Arrow

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Read More Right Arrow

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Read More Right Arrow

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...

Read More Right Arrow