Sfruttamento centralizzato dei diritti audiovisivi calcistici in Italia e regole antitrust europee: profili problematici

Among the themes addressed by the Superleague ruling of the EU Court of Justice, one less explored appears to be the issue related to the commercialization methods of football audiovisual rights. Yet, this is a fundamental topic in the organization of football competitions, not only due to the economic significance of such activity as the main financial source, but also due to the legal effects it produces on a wide range of third parties involved (including broadcasters, online platforms, advertising stakeholders, and, above all, end-users). In accordance with the full inclusion of sports activities within the scope of EU antitrust rules, the judges in Luxembourg explicitly state that an individual negotiation system would represent the most competitive model of exploitation; any exceptions must be interpreted and applied restrictively. That said, the essay is intended to explore the possible incompliance of the centralized management system, established in Italy by the so-called Melandri decree, both with the antitrust parameters as interpreted by the Court of Justice and with a series of principles arising from the EU legal framework on collective management of related rights

Risarcimento del danno e trasferimento del sovrapprezzo [Commento all'art. 10 del d.lgs. n. 3/2017]

The article provides an analysis of the new Eu and Italian legal framework on the so called "passing-on of overcharges" and the right to full compensation, also troughout an overview of the most recent judicial cases on the matte

Antitrust e pluralismo dell’informazione nel diritto UE: un’alternanza in favore della democrazia

This paper intends to address the relationship between freedom of competition and the protection of media pluralism, which, despite being a long-standing issue, tends to recur again and again, albeit in constantly different and increasingly problematic terms

Rinvio pregiudiziale e tutela cautelare

The present piece critically provides an analysis of the possibility for claimants to achieve an interim judicial protection during the procedure aimed at obtain a preliminary ruling by the Europea Court of Justic

L’ordinamento UE ai tempi della crisi energetica e della transizione ecologica: prove generali di una nuova politica economica europea

The various crises that the European Union is facing have forced the EU institutions to adopt a series of exceptional measures. Nonetheless, the state of "permacrisis" increasingly necessitates, as a consequence of such legislative acts both provisional and definitive, for these same institutions to proceed with a new and different balancing of the primary legal interests relevant from time to time. What appears to emerge is, on one hand, a greater protection of social rights across different economic sectors; on the other hand, a reconsideration of the role of the fundamental freedoms of the European single market in view of their growing functionalization in favor of other interests of social utility. In this perspective, the energy policy – more than other sectors – appears today symptomatic of a European economic policy increasingly inspired by a social market economy

Public e private antitrust enforcement alla luce della direttiva 2014/104/UE: l’equilibrio alterato

Directive 2014/104/EU introduces a harmonized framework on antitrust damages. On the one hand, it contains provisions aimed at ensuring full compensation for damages; on the other hand, it provides rules for the coordination of civil actions with public antitrust proceedings. This paper analyzes how the Directive has changed the relationship between public and private antitrust enforcement, by requiring national courts to take the public interest into consideration also in disputes between private individuals. In the author’s opinion, a proof of this changed relationship is to be found in the binding effects, recognized to domestic antitrust authorities’ decisions, in actions for damages brought before national courts under Article 101 or 102 TFEU

I principi generali del procedimento amministrativo europeo: dall’origine giurisprudenziale all’esigenza di codificazione

The essay contains an examination of the general EU principles concerning administrative procedures, analyzed through the case law of the Court of Justice