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

Abstract

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.