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In dispute Vivendi-Mediaset On significant holdings, the verdict of the Court of Justice of the EU comes to establish firm points and also to question the Italian radio and television system. The European Court upheld the appeal of the French media giant against Agcom and the “Biscione” challenging the prohibition of concentration in the telecommunications network provided for by Italian law.
Vivendi ruling, the European Court condemns Mediaset: Italian law
In fact, the Authority had denied Vivendi a significant stake in Tim and Mediaset at the same time, forcing them to choose between the two companies established in our country by Single text of audiovisual and radio media services (Tusmar).
Article 43 paragraph 11 of the Text, also known as “Gasparri law“, Prevents any company whose income in electronic communications, even through subsidiaries or affiliates, exceeds 40% of the total income of the sector, from achieving income in the integrated communications system (SIC) that exceeds 10% of the income from the SIC itself.
Vivendi judgment, the European Court condemns Mediaset: the matter
On the basis of these provisions, Mediaset had informed theAgcom an excess of concentration in the hands of the French as shareholders of both Biscione for 28.8% with 29.34% of the voting rights, and 24% of Telecom Italia.
Therefore, the Telecommunications Guarantor ordered the French to deposit 19.9% of Mediaset’s stake in a trustee. With all the responses, Vivendi appealed to Lazio TAR, which addressed the Court of Justice of the EU.
Vivendi judgment, the European Court condemns Mediaset: the judgment
According to the provisions of the Court of Justice based in Luxembourg, the “provision of Italian law that prevents Vivendi from acquiring 28% of Mediaset’s capital is contrary to the law of the European Union“.
“Prohibited obstacle to freedom of establishment, since it is not suitable to achieve the objective of protecting the pluralism information ”says the judgment of the European Court.
The Administrative Court will now have to determine how to receive the European verdict. A decision that obviously could be the subject of other resources, of possible new interventions by Agcom or the reference of an intervention by the legislator to promulgate a new legislation in the sector.
The Minister of Economic Development, Stefano Patuanelli, expressed himself in this regard: “Obviously we are going to read carefully the device of the Court that at this point will lead us to modify parts of the Consolidated Radiocommunication Law,” he said, recalling that “before 31 December, Parliament must ratify the new European directive on telecommunications, currently under discussion in the Senate ”.
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