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# Catalan Firm Unison Wins Anti-Monopoly Ruling Over SGAE
- URL: https://barna.news/catalan-firm-unison-wins-anti-monopoly/
- Published: 2026-10-31T20:58:04.000Z
- Updated: 2026-10-31T20:58:04.000Z
- Description: The Spanish Supreme Court reinstates a €2.95m fine against SGAE for abusing its dominant market position, following a complaint by Barcelona-based Unison.
- Author: Barna.News News Desk
- Tags: Economy & Finance

The Spanish Supreme Court has ruled in favour of Catalan music rights management company Unison and the National Markets and Competition Commission (CNMC), overturning a 2023 decision that had annulled a €2,949,660 fine against the General Society of Authors and Publishers (SGAE). The ruling, issued on Saturday 31st October 2026, reinstates the case and orders the National High Court of Justice (Audiencia Nacional) to issue a new judgment on the competition violations.

The CNMC originally imposed the fine in May 2019 after an investigation triggered by complaints from Unison and other rival rights managers, including Dama and Unison Rights. It found SGAE guilty of three abuses of a dominant position in markets for managing musical and audiovisual rights between 2016 and 2018\. These included imposing statutory and contractual barriers that prevented authors from withdrawing or partially managing their intellectual property rights, bundling music and audiovisual licences without tariff breakdowns in the hotel sector, and using opaque pricing models in the restaurant sector that hindered price comparison.

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## Landmark Precedent on Market Linkages

In 2023, the National High Court of Justice overturned the fine, arguing that SGAE was no longer dominant in the audiovisual rights market in 2018, the final year under review, and therefore could not be penalised for conduct in that segment. However, the Supreme Court has now rejected this reasoning, establishing that loss of dominance in one closely linked market does not absolve a company of responsibility for anti-competitive behaviour in others where dominance persisted, such as musical rights management.

> "SGAE has spent years arguing that it does not have a dominant position, and it relied on a ruling that has now been annulled. In the management of musical rights, SGAE remains dominant,"

stated Jordi Puy, CEO of Unison. "The Supreme Court makes it clear that a technicality regarding the audiovisual market cannot allow all other acts of competition distortion carried out by SGAE in the musical market to go unpunished. Creators have the right to choose who manages their rights and to do so without obstacles," he added.

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## Case Sent Back for Final Ruling

The Supreme Court did not automatically reinstate the fine. Instead, it ordered the retroaction of proceedings, returning the case to the National High Court of Justice to rule on outstanding legal arguments previously unexamined. These include whether the proceedings violated the principle of *non bis in idem* (no double jeopardy), whether regulatory changes altered the charges, and whether the investigation sufficiently demonstrated anti-competitive market effects.

The decision sets a significant precedent in Spanish competition law, clarifying that firms cannot escape liability for systemic abuse across interrelated markets due to temporary shifts in market share in one segment. The National High Court of Justice must now issue a final resolution on the merits of SGAE’s defences.

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*Sources:* [*Crónica Global*](https://cronicaglobal.elespanol.com/business/20261031/catalana-unison-tumba-sgae-reactiva-multa-monopolio/1003742807945%5F0.html?ref=barna.news)*,* [*Newsroom Infobae*](https://www.infobae.com/espana/agencias/2026/10/31/el-tribunal-supremo-anula-la-sentencia-que-dejo-sin-sancion-a-sgae-por-abuso-de-posicion/?ref=barna.news) *(EFE).*