Summary decision of Competition Council Plenum No. APD-52 as of 07.12.2016

By provision of the Competition Council Plenum no. 8 of 29.08.2014, it was initiated a investigation on the signs of violation of art. 11 of Competition Law no. 183 of 11.07.2012  by Association Asociaţia „Drepturi de Autor şi Conexe" (AsDAC)  by refusing to to present to the State Agency for Intellectual Property (AGEPI), under Protocol of 01.24.2014, information about incumbent shares of total value of objects of copyright and related utilised.

 During the investigation it was found that the obligation of AsDAC to present to AGEPI, according to the Protocol of 01.24.2014, information about incumbent shares of total value of objects of copyright and related utilised, it is not stipulated by Law no. 139 of 02.07.2010 on copyright and related rights, or a commitment under a legal act.

 At the same time, it was found that the organizations of collective management (OGC) can determine their share of total objects of copyright and related utilised individually or jointly with other OGC and that the information referring to quotas is not indispensable for calculation, collection and distribution of remuneration due to copyright holders and / or related items.

Thereby, due to the Competition Council Plenum Decision no. APD - 52 on 07.12.2016 the investigation of the case was ceased, because, during the investigation there were not found sufficient evidence related to the infringement of the provisions of the art. 11 of the Competition Law no. 183 of 11.07.2012 by AsDAC which could substantiate the application of remedies or sanctions. Also, AGEPI will take action to develop and promote proposals for improving the regulatory framework in the field that will ensure transfer of royalties to authors for the use of works or other protected items and inform the Competition Council with reference to this by the end of the fourth quarter of 2017.