Reference for a preliminary ruling from the Marknadsdomstolen (Sweden) lodged on 6 February 2007 — Kanal 5 Limited and TV 4 Aktiebolag v Föreningen Svenska Tonsättares Internationella Musikbyrå (STIM)

Referring court

Marknadsdomstolen

Parties to the main proceedings

Applicants: Kanal 5 Limited and TV 4 Aktiebolag

Defendant: Föreningen Svenska Tonsättares Internationella Musikbyrå (STIM)

Questions referred

A. Is Article 82 EC to be interpreted as meaning that a practice constitutes abuse of a dominant position where a copyright management organisation which has a de facto monopoly position in a Member State applies to or imposes in respect of commercial television channels a remuneration model for the right to make available music in television broadcasts directed at the general public which involves the remuneration being calculated as a proportion of the television channels' revenue from such television broadcasts directed at the general public?

B. Is Article 82 EC to be interpreted as meaning that a practice constitutes abuse of a dominant position where a copyright management organisation which has a de facto monopoly position in a Member State applies to or imposes in respect of commercial television channels a remuneration model for the right to make available music in television broadcasts directed at the general public which involves the remuneration being calculated as a proportion of the television channels' revenue from such television broadcasts directed at the general public, where there is no clear link between the revenue and what the copyright management organisation makes available, that is, authorisation to perform copyright-protected music, as is often the case with, for example, news and sports broadcasts and where revenue increases as a result of development of programme charts, investments in technology and customised solutions?

C. Is the answer to Question A or B affected by the fact that it is possible to identify and quantify both the music performed and viewing?

D. Is the answer to Question A or B affected by the fact that the remuneration model (revenue model) is not applied in a similar manner in respect of a public service company?

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