Rappresentatività e concorrenza nella gestione collettiva dei diritti d’autore e connessi. Qualche riflessione a seguito della modifica dell’art. 180 comma 2 l.a

The essay analyzes the introduction of the criterion of representativeness in determining royalties for the collective management of copyright and related rights, following the amendment of Art. 180, para 2, of the Italian Copyright Law (l.a.) by Law No. 214/2023. Unlike European regulations, which employ representativeness to legitimize extended and mandatory collective management, the Italian legislator uses it as a parameter for calculating royalties, raising concerns about the consistency of this choice. The Italian Communications Authority (AGCOM) has established specific criteria to assess the representativeness of collecting societies, affecting market access and competition. The paper examines the implications of this amendment in relation to the European objectives of a pluralistic and competitive market, highlighting the tensions between flat-rate and analytical tariff models. It proposes a harmonious interpretation that integrates representativeness as a tool to balance market efficiency and the protection of rights holders, distinguishing between synchronously and diachronically competitive markets.