The Supreme Court endorses Unison Rights arguments on applying competition law in related markets, advised by Cuatrecasas
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SubscribeCuatrecasas has advised Unison Rights on securing a favorable ruling from the Spanish Supreme Court’s Administrative Division, issued on October 21, 2026. The ruling upholds the cassation appeals filed by Unison Rights and the Spanish National Markets and Competition Commission (CNMC). The proceedings concern the Spanish Society of Authors and Publishers (SGAE) and its practices in the markets for managing and exploiting intellectual property rights.
The ruling endorses the arguments defended by Unison Rights and supplements the Chamber’s general doctrine within the framework of Court of Justice of the European Union (CJEU) case law. That case law addresses abusive conduct in related markets. The ruling reaffirms that the prohibition on abuse of dominance can extend to conduct with actual or potential effects in markets closely linked to the dominated market. There is no need to establish dominance in each market. It also clarifies that this doctrine applies in both directions of the value chain or chain of economic activity. What matters is the connection between the markets and how dominance in one affect another, rather than their hierarchy or relative economic importance.
In the words of the Supreme Court’s Administrative Division: "Abuse in a market other than the dominated market must be considered under competition law if it is connected to the dominant position. That connection exists where the company holds a dominant position in the other market or markets and the conduct exploits that position. It also exists where the conduct leads to acquiring or, where applicable, strengthening a dominant position. This applies regardless of each market’s potential economic significance to the dominant entity.”
The Supreme Court therefore overturns the Spanish High Court’s judgment, which had set aside the fine of nearly €3 million imposed on SGAE by the CNMC. The ruling finds that SGAE’s loss of dominance in one affected market during part of the investigation period is not sufficient to set aside the fine. It therefore remands the case to the High Court for a new judgment on the issues and claims raised in the proceedings, applying this doctrine.
The Cuatrecasas Appeals in Cassation and Other Special Appeals team handled the matter. Álvaro Luna, counsel on the team, commented: “We are very pleased to have secured a favorable decision for Unison Rights that endorses the arguments defended in the cassation appeal. The ruling provides particularly relevant clarification for cases of this kind, which involve highly complex technical and evidentiary issues. Analysis of abusive practices in related markets must consider economic realities and the close relationship between those markets. It must not be limited to assessing the company’s position in each market in isolation. Nor must it rely on formalistic or hierarchical interpretations that distinguish between a primary and a secondary market. The ruling recognizes the need for a dynamic approach to applying competition law. This is especially important in increasingly complex markets, such as digital markets.”
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