Meta, Antitrust opens investigation: it made Siae “an offer it could not refuse”

Meta, Antitrust opens investigation: it made Siae "an offer it could not refuse"

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Yet another coup de theater in the story that pits the giant of Menlo Park’s social media against the former monopolist of Italian copyright. A little over 24 hours from the meeting scheduled at the Ministry of Culture, the Antitrust has launched an investigation against Meta Platform, Meta Platforms Ireland, Meta Platforms Technologies UK Limited and Facebook Italy to ascertain an alleged abuse of economic dependence. According to the Authority, Mark Zuckerberg’s company may in fact have unduly interrupted the negotiations for the stipulation of the license to use the musical rights on its platforms, abusing the economic dependence of Siae. Together with the preliminary investigation, the precautionary procedure was also launched.

An offer Siae could not refuse

According to the Competition and Market Authority, led by Roberto Rustichelli, the crux would be precisely the removal of musical content protected by Siae from its social platforms and the refusal to provide the Company with authors and publishers the information necessary to carry out the negotiations in the full compliance with the principle of transparency and fairness. The Antitrust investigates the hypothesis that Meta could have abused the contractual imbalance from which it benefits, asking Siae to accept an inadequate economic offer, without however providing the appropriate information to evaluate its effective congruity. Said outside the technicalities: an offer he couldn’t refuse.

Hypotheses damage to consumers

Following the interruption of the negotiations, Meta eliminated the musical contents protected by Siae from the social platforms so that they were no longer usable by users. The Authority believes that the hypothesized abuse of economic dependence could have a significant impact on the protection of competition in the markets concerned and cause serious damage to consumers. Such conduct, reads a note, could not only significantly compress SIAE’s competitive capacity on the markets concerned, but also prevent the authors it represents – a significant part of those active in Italy – from reaching the increasingly broader category of users. using social platforms.

The crux of «co-signed» songs

Not to mention that Meta’s behavior could also have repercussions on the repertoire of authors protected by other collecting but co-signatories of songs with Siae authors. In addition, the obstacle to accessing musical content on Meta’s platforms could also have negative effects for the remuneration of related rights of producers of musical works and all other legal positions protected under the law on the right to ‘author. Furthermore, these abusive practices could considerably limit the choice of consumers who would be deprived of the possibility of using the works protected by SIAE, an important component of the Italian and international musical offer.

Precautionary measures are not excluded

At the same time as the preliminary investigation, the Antitrust also started the procedure to adopt any precautionary measures. The interruption of the negotiation between Meta and Siae, in fact, could immediately affect the competitive dynamics between the various subjects that make up the market chain of the intermediation of musical works copyright. Hence the need for a precautionary intervention that guarantees the reactivation of a negotiation process between Meta and Siae in compliance with the principles of good faith, transparency and fairness. So far the moves of the Antitrust. The president of Siae Salvo Nastasi had asked the institutions: “Don’t leave us alone” in this match which could represent a school case for copyright at European level. The Antitrust has struck a blow.

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