The Italian Competition Authority applies the doctrine of essential facilities to a refusal to grant a copyright licence (Società Iniziative Editoriali)

Applying the doctrine of essential facilities to IP assets in the SIE case (decision no. 26312 of 21 December 2016, Case A503 Società Iniziative Editoriali/Servizi di rassegna stampa della Provincia di Trento- SIE), the Italian Competition Authority (ICA) found that a publisher infringed competition refusing to give a media intelligence operator the right to use the contents covered by the publisher’s copyright [1]. The refusal of the publisher to grant the requested copyright licence was found to be an abusive conduct. However, taking into consideration that the abusive conduct had circumscribed negative effects on competition, the ICA imposed a very small competition fine on the dominant undertaking The facts of the case Infojuice Srl GmbH (previously Euregio Srl GmbH, thereinafter

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Michele Giannino, The Italian Competition Authority applies the doctrine of essential facilities to a refusal to grant a copyright licence (Società Iniziative Editoriali), 20 December 2017, e-Competitions Interim measures, Art. N° 86150

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