The Italian Competition Authority launched an investigation into SIAE (the Italian collective rights management organization), claiming that it lacks transparency in the collection of royalties and discriminates among users, abusing its dominant position. Lear supported SIAE by providing economic arguments in favour of SIAE’s legal monopoly and showing the inefficiencies that would be brought about by a departure from the current model.
Archives
Alleged anti-competitive agreement in the market for football TV rights
Lear assisted a major Italian broadcaster involved in an investigation by the Italian Competition Authority into an alleged anti-competitive agreement in the market for football TV rights. This case involved an analysis of both the TV rights acquisition market (wholesale level) and the pay TV market (retail level). Using a counterfactual approach, Lear worked alongside the company’s legal advisors to analytically demonstrate the pro-competitive effects brought by the agreement in the acquisition market and the pay TV market respectively. The Administrative Tribunal of Lazio overturned the Italian Competition Authority decision and annulled fines to Lear’s client.
Alleged abuse of dominance in the market for maritime freight transport
Lear assisted Moby and CIN, which is fully owned by Moby, in proceedings before the Italian Competition Authority. The Italian Competition Authority claimed that Moby/CIN was abusing its dominant position in the market for maritime freight transport to and from Sardinia, with the aim of foreclosing rivals. Lear’s analysis highlighted the weaknesses of the Italian Competition Authority approach to define the relevant product and geographic market and showed that there was no evidence of a foreclosing practice by Moby/CIN.
Alleged excessive pricing in the pharmaceutical industry
Lear advised a pharmaceutical company, allegedly responsible for abusing its dominant position in the market by setting excessive/unfair prices for some of its products, in proceedings before the Italian Competition Authority. Lear’s analyses focused on the themes of market definition, the existence of a dominant position, measures of economic value alternative to costs and the appropriate set-up for a price-cost assessment.
Alleged abuse of dominance in the ultrabroadband market
Lear assisted a wholesale operator in the market of FTTH (Fiber To The Home) network, in proceedings before the Italian Competition Authority. The Italian Competition Authority is investigating whether TIM abused its dominant position in the ultrabroadband market. Lear’s analysis evaluated the potential anticompetitive effects arising from TIM’s conduct.
Alleged abuse of dominance in the copyright sector
The Italian Competition Authority launched an investigation into NUOVOIMAIE, a collecting society dealing with the performer’s neighbouring rights, to verify whether it had infringed Art. 102 TFUE by hindering entry of potential competitors. Lear helped NUOVOIMAIE design effective remedies to alleviate the anticompetitive concerns raised by the Italian Competition Authority.
In particular, Lear carried out a cost analysis to identify a fair and reasonable fee for competitors to access the updated database on performers, editors and artists’ rights. The Italian Competition Authority accepted the remedies proposed by NUOVOIMAIE.
Alleged horizontal agreement in the market for cement
The Italian Competition Authority carried out an investigation into the market for cement to assess whether several firms participated in a horizontal agreement with the aim of increasing the price of cement. Lear assisted one of the companies involved in the proceedings showing that there was an explanation to the firm’s conduct other than the cartel and that the effects of price increases were at most limited and temporary
Alleged abuse of dominance in the market for bulk SMS
Lear advised Vodafone in proceedings before the Italian Competition Authority. The concern of the Italian Competition Authority was that the company was abusing its dominant position in the market for SMS termination to foreclose competitors in the downstream market for the provision of bulk SMS. Lear’s analysis pointed out that the assessment of the Italian Competition Authority was not able to prove the ability of Vodafone to foreclose rivals and criticized the test of the “as-efficient competitor” used to evaluate the replicability of the retail offers made by Vodafone.
Alleged abuse of dominance in the market for bulk postal services
Lear advised Poste Italiane, the incumbent in the market for postal services in Italy, in proceedings before the Italian Competition Authority. The concern of the Italian Competition Authority was that Poste Italiane has abused its dominant position in the market, with the aim of foreclosing rivals. Lear’s economists assisted Poste Italiane in devising appropriate remedies, developing analyses to show that there is no essential facility in the market and that prices set by Poste Italiane might be replicated by an equally efficient competitor.
EU rules on State Aid in the telecoms sector
Lear’s economists helped a leading media company in preparing a number of submissions to the European Commission on its guidelines on how to evaluate State Aid to companies investing in new generation networks.