I840 - ICA: obstructions against free arenas, interim measures for Anica, Anec and Anec Lazio to remove disputed behaviour
The Authority has decided to impose interim measures to prevent a boycott agreement being implemented between Associazione Nazionale Industrie Cinematografiche Audiovisive e Multimediali (ANICA), Associazione Nazionale Esercenti Cinema (ANEC) and Associazione regionale Lazio esercenti cinema (ANEC Lazio), against free arenas. As noted, the behaviour of these entities prevent the arenas from obtaining films to be screened during the summer events this year.
In particular, the interim measure adopted by the Authority aims to prevent serious and irreparable damage being produced for competition as a result of which consumers would be deprived - for 2020 - of the possibility of enjoying the entertainment and cultural service at issue in these proceedings.
The Authority has therefore deemed it necessary for the Associations to restore the full freedom of the distribution companies and intermediaries in defining the marketing strategy of film products to free arenas.
To this end, the Authority has applied article 14-bis of Law no. 287/90, ordering that the Associations immediately cease implementing the disputed agreement in the (still ongoing) procedure launched last June 17, which as stated was aimed at preventing the sourcing of films by free arenas; and ordering them, at the same time, to revoke communications/indications containing any form of influence and/or guidance of marketing strategy of film products, providing their members with appropriate information about the same.
Within five days of notification of the decision to adopt the interim measures, ANICA, ANEC and ANEC Lazio must each send a detailed report on their own behalf on the activities carried out to comply with today's resolution.
Rome, 9 July 2020