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Havel & Partners Successful for OSA Music Professional Association Against Abuse of Dominance Fine

Havel & Partners Successful for OSA Music Professional Association Against Abuse of Dominance Fine

Czech Republic
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Havel & Partners has successfully defended the Czech Republic-based OSA music professionals' association against abuse of dominance claims and a CZK 10.7 million fine imposed by the Czech Office for Competition Protection.

OSA is a professional association of composers, lyricists, and musical publishers in the Czech Republic. Its avowed mission is the management of economic copyrights of composers, lyricists, and publishers or their heirs (by law or based on an agreement).

According to Havel & Partners, the Regional Court in Brno concluded that the Office was not entitled to fine collective management societies in relation to determining royalty rates, since the Ministry of Culture acts as a competition authority of its own kind in these relations, ruling in favor of OSA and cancelling the multi-million fine.

Back in 2020, the Office had fined OSA for demanding payments from accommodation facilities for TV and radio receivers placed in rooms, between 2008 and 2014, without taking into account the actual occupancy of the rooms.

"We welcome the court’s decision," OSA Board of Directors Chairman Roman Strejcek commented. "From the start, we have maintained that we acted in full compliance with the then applicable wording of the Copyright Act, the common practice of collective management societies abroad, and in particular the rules for the protection of competition."

According to the firm, the courts have already annulled a similar decision of the Office for Competition Protection in a different case regarding a different collective management organization, on the same grounds.

The Havel & Partners team included Partners Robert Neruda and Lenka Stikova Gachova and Senior Associate Vladislav Bernard.

Czech Republic Knowledge Partner

PRK Partners, one of the leading Central European law firms, has been helping clients achieve their business objectives almost 30 years. Our team of lawyers, based in our Prague, Ostrava, and Bratislava offices, has a unique knowledge of Czech and Slovak law and of the business environment. Our lawyers studied at top law schools in the United States, United Kingdom, Switzerland and elsewhere. They also have experience working for leading international and domestic law firms in a number of jurisdictions. We speak your language, too. Our legal team is fluent in more than 15 languages, including all the key languages of the region.

PRK Partners has one of the most experienced legal teams on the market. We are consistently rated as one of the leading law firms in the region. We have received many significant honours and awards for our work. We represent the interests of international clients operating in the Czech Republic in an efficient way, combining local knowledge with an understanding of their global requirements in a business-friendly approach. We are one of the largest law firms in the Czech Republic and Slovakia. Our specialised teams of lawyers and tax advisors advise major global corporations as well as local companies. We provide comprehensive legal advice drawing on our profound knowledge of local law and markets.

Our legal advice delivers tangible results – as proven by our strong track record. We are the only Czech member firm of Lex Mundi, the world's leading network of independent law firms. As one of the leading law firms in the region, we have received many national and international awards, in some cases several years in a row. Honours include the Chambers Europe Award for Excellence, The Lawyer and Czech and Slovak Law Firm of the Year. Thanks to our close cooperation with leading international law firms and strong local players, we can serve clients in multiple jurisdictions around the globe. Our strong network means that we can meet your needs, wherever you do business.

PRK Partners has been repeatedly voted among the most socially responsible firms in the category of small and mid-sized firms and was awarded the bronze certificate at the annual TOP Responsible Firm of the Year Awards.

Our work is not only “business”: we have participated on a longstanding basis in a wide variety of pro bono projects and supported our partners from the non-profit sector (Kaplicky Centre Endowment Fund, Tereza Maxová Foundation, Czech Donors Forum, etc.).

Firm's website: www.prkpartners.com

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