Antitrust Law and Pay-TV: The Italian Case

Television (or “TV”) broadcasting today is in the wake of a critical technological revolution. The development of new technologies is becoming increasingly rapid and the legal scenario is changing daily and sometimes disorganically. Regulation in this field is strictly connected with technology and its evolution. For this reason, it is worthwhile to go through a brief outline of the last and most significant television broadcasting techniques. Distribution of TV “signals” has occurred in Europe and especially in Italy — until the beginning of the present decade — almost exclusively through terrestrial networks, i.e. via etere. This situation means that in order to admit new television broadcasters, it becomes necessary to utilize new channels of distribution. The new “frontiers” of television broadcasting concern both the channels of distribution properly considered and the “quality” of the TV signals. As far as the quality of the television signal is concerned, analog transmission is going to be replaced by digital signals that permit not only the saving of precious frequencies, but also the granting of an interactive, higher quality-grade signal. ANTITRUST LAW AND PAY-TV: THE