The CNMC investigates VEGAP for restrictive practices of competition in the management of visual artists’ rights

The National Markets and Competition Commission (CNMC) has initiated a sanctioning file against the intellectual property rights management entity VEGAP (Visual Management Entity for Plastic Artists) for possible restrictive practices of competition in the management of intellectual property rights of visual creators in Spain.

Specifically, as the CNMC explains, it is investigating whether VEGAP would have established prices for exploitation licenses for works that require the individualized authorization of its owner, thus restricting competition.

In addition, possible inequitable conditions are being investigated towards the rights holders who entrust their management to VEGAP and towards the users who contract licenses to use these works.

After collecting information during the reserved information phase, the CNMC considers that there are rational indications of the commission, by VEGAP, of a possible violation of articles 1 and 2 of Law 15/2007, of July 3, on Defense of Competition (LDC) and articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU).

The initiation of this file does not prejudge the final result of the investigation. A maximum period of 24 months is now open for the investigation of the file and for its resolution by the CNMC.