Italy: Announced AGCM investigation into Meta concerning alleged anticompetitive behaviour against SIAE

On 5 April 2023, the Italian Autorità Garante della Concorrenza e del Mercato (Italian Competition Authority - AGCM) opened and announced its investigation into Meta concerning potential abuses of its dominant position in the context of its negotiation with SIAE, the main Italian representative of artists' rights in negotiations on licensing and usage of music on Meta's social media platforms. The conduct investigated concerns Meta's removal from its platforms of all music represented by SIAE, during the process of negotiating the terms for renewing the licensing deal. The Authority is investigating whether this constitutes an abuse of SIAE's economic dependence on Meta, which would have hurt consumers and artists represented by SIAE in the attempt to force SIAE to accept unfair economic terms while also withholding information from SIAE which would have been necessary to assess the fairness of the proposal. The Authority also initiated proceedings which could lead to interim measures being adopted under article 14bis of the Italian Competition Act (287/1990). Such interim measures could ensure the recommencement of negotiations between Meta and SIAE.