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Reusing Public Sector Information: Balancing Competition and Regulation

Explore the proposed amendments to PSI directive, questioning the role of competition law and sector regulation, and discussing implications for reusing PSI. Delve into the impacts of compensation, IPR, and potential distortions on market competition.

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Reusing Public Sector Information: Balancing Competition and Regulation

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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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