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.