WRITTEN QUESTION No. 91/98 by Ernesto CACCAVALE to the Commission. Abuse of dominant position in the radio broadcasting sector by the RAI
Date: 1998-01-20
Institutions: CACCAVALE, European Parliament
Subjects: Italy, broadcasting, consumer information, dissemination of information, dominant position, invitation to tender, mass media, public awareness campaign, restriction on competition













EUR-Lex - 91998E0091 - EN






Avis juridique important




|



91998E0091

WRITTEN QUESTION No. 91/98 by Ernesto CACCAVALE to the Commission. Abuse of dominant position in the radio broadcasting sector by the RAI  


Official Journal C 196 , 22/06/1998 P. 0115 





WRITTEN QUESTION P-0091/98 by Ernesto Caccavale (UPE) to the Commission (20 January 1998)Subject: Abuse of dominant position in the radio broadcasting sector by the RAIA service agreement was recently concluded between the Italian Ministry for Communications and the RAI (Italian public broadcasting company) under which the RAI was given the right to set up a dedicated radio network to carry national broadcasts of parliamentary proceedings. The other operators which had expressed an interest were not given the opportunity to submit competing bids on the basis of an open, transparent tendering procedure.Up until 21 November 1997, Radio Radicale had held the contract for radio broadcasting of parliamentary proceedings in Italy under an agreement concluded on 21 November 1994 with the Ministry for Posts and Telecommunications, several subsequent applications for the renewal of which were rejected.Would the Commission take the necessary steps to ascertain whether the RAI has not abused its dominant position with a view to further strengthening its position in Italy and expanding its operations into neighbouring European countries?Would it not agree that contracts for the radio broadcasting of parliamentary proceedings should be awarded on the basis of Europe-wide calls for tenders in compliance with current Community legislation?Furthermore, would it ascertain whether such abusive behaviour is detrimental to the interests of competitors on the national radio broadcasting market and the listener's right to plurality of information. (Ironically, the licence fee - of which the RAI is the beneficiary - is about to be increased.)Answer given by Mr Van Miert on behalf of the Commission (17 February 1998)The Honourable Member has drawn the Commission's attention to the problem of the compatibility with Community law of a 'service contract' concluded between the Italian Ministry of Communications and the Italian public broadcasting company (RAI) on the establishment by the RAI of 'a dedicated radio network to carry national broadcasts of parliamentary proceedings'. In particular, the Commission has been asked to examine whether this constitutes abuse of a dominant position to the detriment of competitors and listeners, whose interests could be better safeguarded by a service contract awarded on the basis of a call for tenders.According to information in the Commission's possession, the Italian Government approved on 16 January a draft law that would allow Radio Radicale to continue to carry broadcasts of parliamentary proceedings during the current year, with the future award of the contract being subject to an open procedure.Accordingly, the Commission takes the view that, as things stand, the necessary conditions have not been met to justify - along the lines indicated by the Honourable Member - the launching of an investigation into the possible abuse of a dominant position.