The EU Court of Justice rules that the provision of Italian law preventing a media company from acquiring 28% of the capital in a competitor as a measure of protecting pluralism of information is contrary to EU law (Vivendi / Mediaset)

The provision of Italian law preventing Vivendi from acquiring 28% of the capital in Mediaset is contrary to EU law* That provision constitutes a prohibited impediment to the right of establishment as it is not appropriate for achieving the objective of protecting pluralism of information. In 2016, the French company Vivendi SA, which is the parent company of a group active in the media sector and in the creation and distribution of audiovisual content, launched a hostile acquisition campaign for shares in Mediaset Italia Spa (‘Mediaset’), an Italian company operating in the same sector and controlled by the Fininvest group. [1] It succeeded in securing 28.8% of Mediaset’s share capital and 29.94% of its voting rights. Mediaset lodged a complaint against Vivendi with the Autorità per