16 Colum. J. Eur. L. 121 (2009)
Krishan Thakker, Columbia Law School/King’s College London, J.D./LL.B. Candidate, Class of 2010.
This Note examines the monopolistic nature of the conduct of collecting societies within the E. U. and how developments in E.C. competition law are rendering previously lawful conduct unlawful. It also analyzes the changes in the role of collecting societies in light of the developments in online music distribution and digital rights management. The conflict between collecting societies within the European Union, European Community competition law, and copyright law as it relates to musical works has recently become a controversial area of increasing dominance in legal processes. E. C. competition law has dealt with collecting societies in three major areas: (i) relationships with commercial users of music; (ii) relationships with their members; and (iii) reciprocal relationships between collecting societies. Whether the contribution of E.C. competition law has led to effective competition among the societies and economic efficiency is questionable. In light of the rapid growth of music distribution via the Internet, antitrust enforcement will perhaps prove a solution to this conundrum.
