The EU Court of Justice rules that a restriction imposed by Italian law on acquisitions in the broadcasting and audiovisual sectors is contrary to EU Law (Vivendi / Mediaset)

On 3 September 2020, the European Court of Justice ("ECJ") ruled that a restriction imposed by an Italian law on acquisitions in the broadcasting and audiovisual sectors is contrary to the fundamental EU law principle of the freedom of establishment enshrined in Article 49 of the Treaty on the Functioning of the EU ("TFEU"). WHAT YOU NEED TO KNOW - KEY TAKEAWAYS National legislation seeking to prevent the creation of a position that may harm media pluralism in the telecommunications sector must not result in unjustified restrictions on the EU fundamental freedoms; Restrictions on the fundamental freedoms may be justified to safeguard the protection of media pluralism, but only where those restrictions are proportionate; This ruling comes at a crucial time,