Madrid, January 7, 2025 – The National Commission on Markets and Competition (CNMC) has initiated a formal investigation into VEGAP (Visual Entity for the Management of Plastic Artists) over possible anti-competitive practices in the management of intellectual property rights for visual creators in Spain.
Allegations of Restrictive Practices
The CNMC is examining whether VEGAP may have:
- Set Prices Anticompetitively: Established prices for exploitation licenses requiring individual authorization, potentially restricting market competition.
- Imposed Unfair Conditions: Subjected rights holders and users of licenses to unfair terms, undermining equitable trade practices.
Legal Framework
The investigation focuses on potential violations of Articles 1 and 2 of Spain’s Law 15/2007 on the Defence of Competition and Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU), which prohibit agreements and practices that restrict competition or abuse a dominant market position.
Investigation Timeline
The CNMC has gathered initial evidence during a confidential information phase and determined there are reasonable grounds to proceed. A maximum period of 24 months is now open for a thorough investigation and resolution of the case.
Implications
The outcome of this investigation could have significant ramifications for the management of intellectual property rights in Spain. VEGAP represents numerous visual artists, and its practices influence the accessibility and fairness of licensing arrangements.
The CNMC emphasized that the initiation of this procedure does not imply any prejudgment of the final decision. The investigation aims to ensure that the rights of creators and users are balanced within a competitive framework.
Source: https://www.cnmc.es/prensa/incoacion-vegap-20250107
