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Anjum Shabbir
Anjum Shabbir
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8th September 2020
Competition & State Aid Data, Tech & IP Internal Market

Analysis: “The Court of Justice rules that an Italian law combatting dominant positions in the electronic communications sector is against the freedom of establishment” by Johanna Jacobsson

On 3 September 2020, the Court of Justice (‘the Court’) gave its judgment in Vivendi (C-719/18), a preliminary ruling requested by an Italian regional administrative court regarding a national law that restricts the revenue of broadcasting and audiovisual media companies based on the objective of combatting the formation of dominant positions. The case also raises questions about the definition of the electronic communications sector.

In 2016, the French company Vivendi SA (‘Vivendi’), which is the parent company of a group active in the media sector and in the creation and distribution of audiovisual content, launched a hostile acquisition campaign for shares in Mediaset Italia Spa (‘Mediaset’), an Italian company operating in th

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