August / September 1999

Italy: Regulation on dominant positions highlights risk of duplication

01 August 1999

Special rules in sectors previously controlled by state monopolies were prompted by the EU and have by and large been successfully transposed into Member States’ legislation. Generally, these rules have made a beneficial contribution to the liberalisation of the markets in most EU countries. However, in markets which already operate on the basis of broadly competitive conditions, sectorial market rules may in the long term be counterproductive and risk resulting in the duplication of regulation. In this case, for example, the Law, which was undoubtedly passed with the intention of clarifying the position on the pay-TV market, is probably an unnecessary duplication of antitrust rules and has created a situation of legal uncertainty for market operators in the pay-TV sector.