Abstract
In order to protect consumers from excessive television advertising and to create a level playing field for all broadcasters within the European Union (EU), the Audiovisual Media Services Directives sets rules regarding television advertising. Stricter national rules on television advertising are permitted provided they are in compliance with Union Law. Italy used national regulation to impose different maximum transmission times for advertising on pay-TV broadcasters and free-to-air broadcasters. This case-note on SKY-Italia discusses whether the different maximum transmission times for television advertising are compatible with the general principle of equal treatment within EU law and with various fundamental freedoms of the internal market. Is it justified to restrict the freedom to provide services defined in Article 56 TFEU by the 'public interest' of consumer protection or is the national rule an example of a purely economic and political consideration resulting in a distortion of competition?
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