PSI and Competition Law:Comments for Discussion

Hanns Ullrich

PSI and Competition Law:

I. Introduction

II. The Issues1.The Proposal for amending Dir.2003/98/EC

a) Point of departure: Make PSI available for re-use

b) The amendments

(i) Art. 3: Duty to supply….

(ii) Art. 6:...at marginal costs of reproduction

PSI and Competition Law:II.The Issues

2. Some naive questions

(i) An obligation instead of an incentive?

(ii) Costs instead of prices?

(iii) Costs only also in case of IPR? What are PSI; does the difference justify the distinction?

(iv) Related questions: Why non-discrimination; why no exclusivities?

(v) What is left for competition, why not rely on competition law only?

(vi) The market for re-used PSI: PSB as the only problem?

PSI and Competition Law:III.Dir.2003/98 as amended:Points for discussion

1. A sector regulation in contradiction with ist purpose?

a) A thesis for falsification

(i) The goal and its price

(ii) The role of sector regulation in general

b) 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?

PSI and Competition Law: III.Dir.2003/98 as amended:Points for discussion

1. 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?

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

PSI and Competition Law:Comments for Discussion

IV. Conclusion

Thank you very much for your attention