PANINI/ITALIAN SOCCER-PLAYERS ASSOCIATION (AIC) (Conclusion of the investigation)
PRESS RELEASE
At the conclusion of its proceeding against the Italian Soccer-players (AIC) and Panini Spa, the Authority decided that the licensing contracts, which were stipulated in 1992 and 1995 between the two parties, constitute restrictive agreements and, as such, violate Section 2, subsection 2, of Law no. 287/90.
The Authority issued a cease and desist order to AIC and Panini, within 60 days of the notification of the decision.
Further, within the same deadline, AIC must file with the Authority a report on the measures adopted to restore competitive conditions in the market of the collection of soccer cards.
The contracts stipulated in 1992 and 1995 bind AIC to sell to Panini the exclusive rights for the usage of soccer-players pictures in order to produce and distribute albums for the collection of soccer cards. Such contracts affect the market of the collection of soccer cards, which is a particular segment of the market of collectionabilia.
In particular, the licensing contract concluded in 1995 bind AIC to sell to Panini the exclusive rights for the management of the initiatives aimed at using the soccer cards for a period of three years. This contract does not impose on Panini any restrictions on the range of products; in additions, it contains a clause providing for the extension of the exclusive rights to all the soccer matches - both national and international - played by single clubs or the National team. Such a contract must be considered as a restrictive agreement, since it is aimed at impeding access to the market of the collection of soccer cards.
Moreover, the Authority decided not to issue to Panini the exemption from the prohibition of agreements restricting competition, given that the contract stipulated with AIC eliminated competition in the relevant market completely.
The contract concluded in 1992 bound AIC to grant a maximum of four licences to as many licencees to produce soccer cards, by prescribing a four-month period in autumn as the main period of exploitation of the licences granted to third parties. Indeed, only Panini was allowed to market its own collections in winter. In this way, the contract reduced the time during which third parties could have taken full advantage of their licences, while only Panini was permitted to distribute its collections in the more profitable period, without suffering any form of competitive pressure. In consideration of this reason, the contract concluded in 1992 was also considered as a restrictive agreement.