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Radio Telefis Eireann (RTE) v. Commission of the European Communities (Magill)
European Union Court of Justice
1995 E.C.R. I-743 (1995)
Each week, Irish television company Radio Telefis Eireann (RTE) (defendant), the dominant broadcaster in Ireland, published schedules listing when its programs would air. The dominant British television company did the same, listing only its own programs in its weekly schedules. Magill, an independent television magazine, asked RTE and the British company to share their schedules so that Magill could publish a comprehensive program guide, a product for which there was unsatisfied consumer demand. Both companies refused on the basis of copyright and also claimed that copyright protection over their schedules shielded them from antitrust liability. The Commission of the European Communities (the commission) (plaintiff) found that RTE’s conduct was an abuse of dominance under Article 102 of the Treaty on the Functioning of the European Union (TFEU) because RTE’s failure to provide the requested information prevented Magill from access to the raw material it needed to create its program guide, a product for which there was unmet consumer demand. The general court confirmed the ruling, and RTE appealed to the European Union Court of Justice.
Rule of Law
Holding and Reasoning
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