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PSI and Competition Law: Comments for Discussion

PSI and Competition Law: Comments for Discussion. Hanns Ullrich. PSI and Competition Law:. Introduction The Issues 1.The Proposal for amending Dir.2003/98/EC Point of departure: Make PSI available for re-use The amendments (i) Art. 3: Duty to supply….

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PSI and Competition Law: Comments for Discussion

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  1. PSI and Competition Law:Comments for Discussion Hanns Ullrich

  2. PSI and Competition Law: • Introduction • The Issues 1.The Proposal for amending Dir.2003/98/EC • Point of departure: Make PSI available for re-use • The amendments (i) Art. 3: Duty to supply…. (ii) Art. 6:...at marginal costs of reproduction

  3. PSI and Competition Law:II.The Issues 2.Some naive questions • An obligation instead of an incentive? • Costs instead of prices? • Costs only also in case of IPR? What are PSI; does the difference justify the distinction? • Related questions: Why non-discrimination; why no exclusivities? • What is left for competition, why not rely on competition law only? • The market for re-used PSI: PSB as the only problem?

  4. PSI and Competition Law:III.Dir.2003/98 as amended:Points for discussion • A sector regulation in contradiction with ist purpose? • A thesis for falsification (i) The goal and its price (ii) The role of sector regulation in general • PSI: Manna from heaven? (i) The duty to supply for re-use (ii) The effects of compensation only for marginal costs - Motivation? - Efficiency? - And the production costs?

  5. PSI and Competition Law: III.Dir.2003/98 as amended:Points for discussion • A sector regulation in contradiction with ist purpose? a)…. b)…. c) Distortion of competition (i) A subsidy… (ii) …of uncertain justification… (iii)…but with certainly negative effects d) Art. 6, para. 2: Do IPR make a difference?

  6. PSI and Competition Law: III.Dir.2003/98 as amended:Points for discussion 2. A necessary sector regulation? a) Primacy of competition law (i) A neglected option (ii) Targeted regulation b) Enabling (instead of frustrating) PSBs

  7. PSI and Competition Law:Comments for Discussion IV. Conclusion Thank you very much for your attention

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