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Through its judgment of 3 October 2022, the Regional Administrative Court of Lazio (Tribunale Amministrativo Regionale per il Lazio – TAR Lazio) annulled the two administrative pecuniary sanctions imposed by the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato – AGCM) against the Amazon and Apple Groups. Following a complaint received in February 2018, the AGCM opened an investigation against Apple and Amazon on 21 July 2020 concerning the commercial agreement attributing the sale of Apple and Beats products on Amazon marketplace exclusively...

AGCOM has launched the first public consultation in the context of the adoption of the package of regulations to implement the legislation that transposed Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (DSMCD). The consultation concerns the draft regulation for the identification of the reference criteria to quantify the remuneration for the online use of press publications referred to in Article 43-bis of Law of 22 April 1941, no. 633 (Copyright Law). Such provision transposes Article 15 DSMCD, introducing a new, related right for publishers covering the online...

With decisions nn. 275/22/CONS and 288/22/CONS published on 4 August 2022, AGCOM issued severe penalties against a website (Top Ads Ltd) and, for the first time, the video-sharing platform YouTube with a "notice and take down" order for 625 instances of illegal content and a "notice and stay down" order for prohibited gambling advertising of similar unlawful content. The investigation conducted by the Italian Authority found a violation of Article 9 of the Italian decree-law n°. 87/218 prohibiting direct and indirect gambling advertising (advertising for games with...

On 1 July 2022, through Resolution No. 225/22/CONS, the Italian Communications Authority (“AGCOM”) published its performance plan for the years 2022–2024 (“Performance Plan”), which sets forth its strategic goals for the next three years, as well as annual targets for the actions designed to achieve those goals. It is notable that the Performance Plan sets out said strategic goals and annual targets taking into account (i) for the first time, the outcomes of a public consultation and (ii) powers recently granted to AGCOM; changes arising from the transposition of several...

The OTT platform DAZN, operating under German authorisation, has acquired the audiovisual rights to the Italian Serie A Championship, obtaining the possibility broadcasting all Serie A football matches (380 in total) for three years (2021-2024), of which 70% would be broadcast on an exclusive basis. Through Resolution No. 334/21/CONS, AGCOM initiated proceedings to define the quality parameters for the fruition of the live streaming broadcasting services of the Italian Serie A Championship offered by DAZN in Italy and, also ordered the streaming platform to adopt several measures aimed at ensuring...