Regulatory, Antitrust


The EU law and competition department at Portolano Cavallo was established by Enzo Marasà, who joined the firm in late 2017. Since then, the team has built up a strong record of work on antitrust matters relating to the competitive and ever-evolving media industry. Activity in this space has been boosted by a tight collaboration with the wider firm's TMT department; the team works with both Italian and US-based companies on regulatory issues, joint ventures and mergers."

Our law firm provides regulatory advice in consultations and proceedings, including authorisation processes and litigation before the Italian Communications Authority (Autorità per le Garanzie nelle Comunicazioni, or AGCOM), the Italian Antitrust Authority (Autorità Garante per la Concorrenza ed il Mercato, or AGCM), the Department of Communications, the Italian Protection of Personal Data Authority (Garante per la Protezione dei Dati Personali), the Independent Administration of State Monopolies (Amministrazione Autonoma dei Monopoli di Stato).

Over the years, we have gained considerable experience of the regulatory framework for audiovisual media services, particularly television, as well as communications and interactive services, antitrust issues, data protection, advertising and unfair commercial practices, and regulations for gaming, betting and prize competitions and events.

Our previous work includes:

  • assistance in proceedings for the issuance and transfer of licenses for television channels (terrestrial, satellite, cable and online)
  • assistance in restructuring multinational television groups and consultancy on regulatory profiles for one-off transactions involving television channels, electronic communications networks and the companies that own them
  • lobbying the AGCOM, Parliament and government in relation to legislative proposals and regulatory planning for television and the Internet, and drafting documents for participation in public consultations held by the AGCOM and the European Commission
  • assistance for a number of operators in relation to the allocation of positions in the automatic logical channel numbering system for digital terrestrial television
  • assistance for 20% of participants – including the highest-rated participants – in the ‘beauty contest’ for the assignment of 40% of Italy’s digital terrestrial transmission capacity
  • assistance for operators in obtaining the first authorization for trials of digital terrestrial television
  • consultancy on the implementation of fiber-optic communications networks
  • consultancy on unfair commercial practices and surreptitious, misleading and comparative advertising
  • assistance with authorizations for the provision of electronic communications services
  • consultancy on advertising and marketing online, including user profiling, pay-per-click advertising, keyword advertising and search engine marketing
  • consultancy on interactive television, video on demand and web television
  • assistance in transactions involving the transfer of transmission systems and in relation to digital switchover
  • consultancy on regulatory aspects of product placement on television and in games and films, as well as advertiser-funded programming and branded content
  • consultancy and assistance on child protection issues (including advertising to children) and in relation to proceedings before the Media and Minors Committee
  • assistance in relation to antitrust issues in extraordinary transactions
  • consultancy on liabilities for internet service providers
  • assistance in judicial proceedings and administrative procedures relating to audience ratings
  • assistance on issuing and investment rates for European audiovisual works (including advice on proceedings for the dispensation of rates) and secondary rights
  • regulatory advice on aspects of gaming and online gambling, including casino games and cash poker
  • consultancy on foreign control of television networks and assistance in the resolution of related disputes
  • consultancy on interactive, virtual and dynamic advertising
  • consultancy on abuse of dominant position and abuse of economic dependence
  • consultancy on the structure and organization of television shopping and television phone-in games
  • consultancy on prize competitions and events
  • assistance in litigation and proceedings before AGCOM and the AGCM on access to broadcasting platforms, carriage of television channels, government authorizations, automatic channel ordering, use of terrestrial frequencies and transmission systems
  • assistance in advertising disputes before the national courts and the Corporate Governance Court, as well as proceedings before the AGCM on unfair commercial practices and AGCOM in relation to television advertising
  • assistance to internet companies on personal data protection, including assessments of privacy structures and safeguards
  • assistance in procedures for the grant and transfer of gaming and betting licenses
  • drafting data transfer contracts
  • assistance with merger notifications to the AGCM
  • assistance in proceedings before the Italian privacy regulator


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