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On 14 January 2013, the Supreme Court confirmed the decisions of the Court of First Instance of Barcelona and the Barcelona Court of Appeal ruling that the broadcaster La Sexta had repeatedly infringed the intellectual property rights of its competitor Telecinco by sampling images of Telecinco’s programmes. Therefore, La Sexta was ordered to immediately stop using content and images produced or broadcast by Telecinco. The conflict between the Spanish TV broadcasters, “La Sexta” and “Telecinco” arose in 2008 when Telecinco filed a lawsuit against La Sexta arguing that La Sexta was constantly using...

“Trío Plus” is a package launched by Digital Plus (Prisa), DTS and Telefónica, offering Digital TV and ADSL (High Internet Bandwith). On 28 January 2010, the Spanish National Competence Commission (Comisión Nacional de Competencia - CNC), opened an investigation regarding “Trío Plus”, financed by Prisa, DTS and Telefónica. Therefore, the parties undertook to accept the obligation by virtue of which the products that were marketed together (“Trío Plus” or any other package) should also be offered separately at the same price. Notwithstanding, the parties started marketing another package “Digital...

On 6 February 2013, the Comisión Nacional de la Competencia (Spain's antitrust authority - CNC) ruled that its Resolution of 28 October 2010 concerning the merger of TV broadcasters Telecinco and Cuatro had been breached and that Mediaset España Comunicación, S.A. (owner of Telecinco) had therefore committed a very serious infringement under Article 62.4.c) of the Spanish Competition Act 15/2007 of 3 July 2007. Accordingly, it fined Mediaset EUR 15,600,000 pursuant to Article 63.1.c) of that Act. On 28 October 2010, the CNC had approved the merger between TV channels Telecinco and Cuatro subject...

On 7 December 2012, the Spanish government adopted Royal Decree 1657/2012 which regulates the procedure of compensating rightsholders for acts of private copying. This is a follow-up to the derogation by Royal Decree Law 20/2011 of the so-called canon digital (private copying levy) and the introduction of a new system whereby fair compensation for acts of private copying is paid to rightsholders from the state budget. This new system of compensation is the result of the government’s intention to introduce changes to copyright legislation in order to achieve full conformity with the regulatory framework...

On 27 November 2012, the Supreme Court declared null and void the decision of the Council of Ministers of 16 July 2010, which awarded an entire multiplex to each of the existing national commercial broadcasters (Antena 3, Gestevisión Telecinco, Sogecable, Veo TV, NET TV and La Sexta), for non-compliance with the applicable Audiovisual Law (see IRIS 2010-4/21). What was challenged was not the spectrum allocation itself, a matter that the Court understands to be mainly a technical issue, but the procedure that was followed for the allocation of frequencies. The licences were awarded without any public...