Conflicting interests: court rules on monopolist´s obligation to contract

Corporate / M & A

ILO Newsletter, October 31, 2011


In a recent decision the Supreme Court upheld the position of a collecting society claiming copyright infringement, ruling that the interests of an author to receive remuneration for the use of its work have greater weight than the interests of practising a trade. The court´s decision is in accordance with the prevalent German doctrine on the subject concerning the monopolistic position and the obligation to contract. 


Dr. Ferdinand Graf

LL.M. (NYU) Partner