Le strutture tariffarie delle collecting societies al vaglio antitrust. Note a margine della pronuncia Sabam c. Weareone.world – Wecandance

This paper comments on a recent judgment of the Court of Justice of the European Union on the fairness of a tariff applied by a copyright collecting society to some organizers of musical events. This work starts from the analysis of the United Brands test developed by the Court of Justice to verify an unfair price under art. 102.2 let. a) Tfeu. Subsequently, the author underlines some problems encountered in precedents judg- ments of the EU Court for which a price analysis that starts from the examination of production costs (such as the United Brands test) does not suit in the field of licensing of collective management companies; then examines some alternative methods to the United brands test developed by the Court of Justice before the adoption of the directive 2014/26/EU. After that, the author examines the “due” basis for calculating tariffs of copyright collecting societies under the rules fixed by the directive 2014/26/EU. And finally, proposes some arguments for re-editing the thesis of the inapplicability of the United Brands test for determining the fairness (according to Article 102.2 let. a) Tfeu) of the tariffs imposed by the collecting societies.