According to the ECJ, the Italian authorities have favoured the two major broadcasters, state broadcaster RAI and Silvio Berlusconi’s Mediaset, over the smaller players in the market. RAI and Mediaset were each given two digital multiplexes for each of their three analogue frequencies, so each broadcaster was awarded six muxes each.
RAI received six multiplexes in return for the national analogue frequencies for RAI Uno, RAI Due and RAI Tre; Mediaset also received six muxes in return for Canal 5, Rete 4 and Italia 1.
By contrast, Telecom Italia’s Persidera only received one digital mux in return for its two analogue frequencies for Europa 7 and Rete A, that later became La7 and MTV Italia.
The case by the ECJ was started by two Italian network operators Europa Way and Persidera. The Court has now handed back the case to the Italian Council of State to consider the case again.