EC Competition Law and Cultural Diversity: The Case of the Cinema, Music and Book Publishing Industries

Abstract

Discusses whether the obligation to preserve and promote cultural distinctiveness under the EC Treaty Art.151 is reflected in the EC's application of competition rules concerning undertakings in the music, cinema and book publishing industries when confronted by private party agreements with potential cultural repercussions. Examines case law on the European Commission's approach to market investigations into acquisition of film rights, mergers involving recorded music production, issues of music distribution, the Simulcasting Agreement with collecting societies under the EC Treaty Art.81, price fixing in book publication schemes, net book agreements and cross border retail price management agreements. Considers the impact of Council Regulation 139/2004.