WRITTEN QUESTION P-1993/03 by Benedetto Della Vedova (NI) to the Commission. Abuse of dominant position in the distribution of daily newspapers and periodicals.
Date: 2003-06-10
Institutions: European Parliament, Provisional data
Subjects: Italy, competition law, discount sale, dominant position, newspaper, press, publishing

26.2.2004

EN

Official Journal of the European Union

C 51 E/175

Since the Cotonou Agreement’s entry into force on 1 April 2003, the ACP-EC fund (cid:1) called an investment
facility (cid:1) has been managed by the European Investment Bank (EIB). The fund enables financial support to
be provided for investment in the ACP countries in the form of loans, acquisition of capital holdings and
guarantees. It may also finance (cid:1) subject to certain conditions (cid:1) public enterprises, infrastructure and
private projects on special terms.

The facility meets the private sector’s needs. Its funding is therefore not reserved for specific countries or
sectors, but since fisheries is a major production and trade sector in the ACP countries it seems natural
that part of the facility may be used by the private sector operating in that sphere.

The procedures and eligibility conditions for access to the funding are available from the EIB. The EIB may
be involved either directly or indirectly, via a network of
its European and ACP partner financial
institutions.

More particularly as regards access to the funding for European enterprises in the fisheries sector, the
Commission is in the process of implementing (cid:1) in close cooperation with the EIB and the instruments
for supporting private-sector development (cid:1) a policy aimed at raising awareness in the sector and
particularly at promoting investment in the ACP countries.

Aid for setting up joint ventures, as referred to by the Honourable Member, is governed by Regulation (EC)
No 2369/2002 (1). Hence the Commission cannot comment at this stage on what the eligibility criteria will
be after 31 December 2004, the expiry date stipulated in that Regulation.

(1) Council Regulation (EC) No 2369/2002 of 20 December 2002 amending Regulation (EC) No 2792/1999 laying
down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector (cid:1)
OJ L 358, 31.12.2002.

(2004/C 51 E/195)

WRITTEN QUESTION P-1993/03

by Benedetto Della Vedova (NI) to the Commission

(10 June 2003)

Subject: Abuse of dominant position in the distribution of daily newspapers and periodicals

A few weeks ago the Italian publisher Ilisso announced the launch of a commercial initiative entailing the
sale of its books (classics of Sardinian literature) at newsagents, where purchasers of the books would be
entitled to a discount of EUR 0,90 on the purchase of any Italian or foreign newspaper.

This project was challenged by the FIEG (Italian federation of newspaper publishers), which sent a warning
letter to the publisher and distributors claiming: (a) that the link between a book and a daily newspaper
would constitute an ‘alteration of the product’ (in this case the newspaper) and the newspaper publisher
might not want the newspaper to be associated with the book; (b) the initiative would constitute an
infringement of Legislative Decree No 170 of 24 April 2001, which stipulates that the price of daily
newspapers is fixed by the producer and cannot be altered; (c) the initiative would infringe the national
agreement between publishers and sellers of newspapers and periodicals.

Following this warning the press distribution agencies decided to block Ilisso’s initiative.

In view of the fact that the putative ‘alteration of the product’ cannot be confirmed (since there is no link
between the book and a specific newspaper), the price of the newspaper is not actually altered and the
blocking of the initiative by the FIEG and the distributors makes Ilisso unable to carry out this special offer
in relation to either Italian or other European newspapers, does the Commission not consider that the
block constitutes an abuse of a dominant position contrary to Article 82 of the EC Treaty?

C 51 E/176

Official Journal of the European Union

EN

26.2.2004

Answer given by Mr Monti on behalf of the Commission

(3 July 2003)

The Honourable Member seeks to know whether the measures taken by the Italian federation of
newspaper publishers (FIEG) as well as Italian newsagents to prevent the Italian book publisher Ilisso from
marketing its books in combination with the sale of discounted national and foreign newspapers are
compatible with Article 82 of the EC Treaty. The discount practice forms an inherent part of a promotion
strategy by Ilisso and, according to the FIEG, would constitute an infringement of inter alia the applicable
national laws on resale price maintenance for the distribution of press products.

So far, the Commission has been unaware of the existence of such practices on the relevant Italian
markets.

Furthermore, the Commission wishes to recall that distortions of competition which directly flow from
national laws including those on fixed prices for print media products are in principle not caught by
Article 82 of the EC Treaty but rather by the EC Treaty’s provisions on the free circulation of goods and
the freedom to provide services. The mere reliance by the FIEG and/or the Italian newsagents on the
applicable national legal rules governing the obligation to respect inter alia the fixed retail prices for press
products is thus not liable to amount to an infringement of Article 82 of the EC Treaty. Even assumed that
some autonomous abusive behaviour is identifiable (cid:1) quod non (cid:1) it is also to be reminded that the
wording of Article 82, as opposed to that of Article 81 of the EC Treaty, does not cover behaviour of
associations of undertakings, such as the FIEG, being the only possible author of such potential abuse in
the case at issue. Moreover, publishers’ associations are not normally active as economic operators on the
relevant markets for publishing and distribution of books and newspapers but merely represent the
collective interests of their members. They are thus by definition unable to hold a dominant position in the
relevant markets and to abuse market power within the meaning of Article 82 of the EC Treaty.

With respect to the EC Treaty’s provisions on the free circulation of goods and the freedom to provide
services, in the current case, the action by the FIEG appears to be based on the FIEG’s interpretation of
Italian law which might be subject to proceedings before the Italian courts. On that basis, the Honourable
Member will understand that it would be inappropriate for the Commission to take a position at the
present stage as to whether the application of the underlying provisions of Italian law represents an
Internal Market restriction and then to proceed with a premature examination as to whether such an
‘alleged’ restriction is compatible with the provisions on free movement enshrined in the EC Treaty.

(2004/C 51 E/196)

WRITTEN QUESTION E-1996/03

by Mihail Papayannakis (GUE/NGL) to the Commission

(16 June 2003)

Subject: Waste water treatment plant at Rafina

As complaints from local organisations illustrate, the construction of a drainage system and waste water
treatment plant in the area of northern Messoghion is proving to be a complex project which will have a
negative environmental impact during construction and operation alike.

In particular:

(cid:1) the specifications in respect of treated waste water from the Rafina plant do not include (cid:1) as required
by Directive 91/271/EEC (1) amended by Directive 98/15/EC (2) (cid:1) the measurement and monitoring of
the COD indicator for treated waste water, and the measurement and monitoring of pathogenic
micro-organisms in accordance with Directive 76/160/EEC (3) on the quality of bathing water;