ABSTRACT

This chapter considers the relevance of European Union (EU) competition law, as an important part of European economic constitution, for European film policies, inherently wedged between cultural and market. It argues that there has been a special relationship developed between film and competition policies, in all aspects of the latter, even if to a different degree. The chapter outlines some features and nuances of this relationship, which, contrary to the common and often only theoretical juxtaposition of culture and free market, might be much more harmonious and complementary in practice. It discusses the assumption of a positive contribution of competition law to the success of European film policy remains elusive and one need to analyze this contribution through an examination of specific European antitrust cases. The chapter attempts to demonstrate such an actual and potential contribution of antitrust policy to diversity in the European film sector. However, the role of competition law in enhancing cultural diversity does not stop there.