THE EUROPEAN UNION DECLARES SIAE'S MONOPOLY IN ITALY ILLEGAL

via @pietro_cocco

In a landmark decision, the European Union has taken a firm stance against monopolies in the collective rights management market, particularly addressing the Società Italiana degli Autori ed Editori (SIAE). The Italian Council of State upheld a decision by the Italian Competition Authority, which found SIAE’s management of copyright and plagiarism protection services to be in breach of Article 102 of the Treaty on the Functioning of the European Union (TFEU).

This ruling is a culmination of ongoing efforts to liberalize the market and encourage fair competition. The case against SIAE was significantly bolstered by a recent ruling from the European Court of Justice, which supported the claims made by Jamendo, a Luxembourg-based company, against the SIAE-LEA duopoly in Italy. This decision is expected to have far-reaching implications, not only in Italy but across the European Union, as it puts an end to the few monopolies that still exist in the sector.

The European Commission has also amended its guidance on enforcement priorities, reflecting the evolving market developments and case law related to Article 102 TFEU. These changes signal a shift towards a more competitive and diverse market for copyright management, which could lead to increased innovation and better terms for authors and artists.

The EU’s actions against monopolistic practices in the collective rights management market represent a significant step towards ensuring a fair and competitive environment for copyright management. This move is likely to empower more players in the market, providing creators with more options for managing their rights and fostering a healthier ecosystem for the cultural and creative sectors.