Who is the boss? What determines the PSI value chain characteristics… Marc de Vries LAPSI Conference Brussels, 24 January 2012

Preliminary considerations Competition law and PSI re-use Internal debates on role of PSI Directive in relation to general rules of competition law – Is it a sectoral measure? – What role plays public task? – Does the Directive put the public sector bodies in a disadvantageous position? value chain characteristics determine the impact of the Directive to regulate the (PS) information market What are the distinctions between PSI domains, what drives them, in other words: who is the boss?

PSI value chain Create (produce, collect, compile) Collect, compile DistributeRe-use Public task domain Outside public task Public task domainOutside public task

Production is by definition public task Traditionally only production was considered public task Power was with distributors: owned compilation process and distribution platforms Valuable but in an integrated form, # of re-users small Re-users added sufficient value to stop them from integrating backwards + no clustering of demand High entry barriers, no substitutes Government took step forward, changed perception of public task Pushed publishers forward in value chain, no charges Legal information value chain Produce Collect, compile DistributeRe-use Produce Collect, compile DistributeRe-use

Technology allows for non public sector parties to do sourcing Up stream competition between public sector and market parties Down stream competition between public sector parties and market parties Even internal public sector users switch to market parties products public task charachter has become questionable Only specific use within government justifies information to be PSI (defence, weather, public safety) Traffic information/topographic information value chain Produce Collect, compile DistributeRe-use Produce Collect, compile DistributeRe-use

Production up to distribution is by definition public task No up stream competition possible, no substitutes High risk, high value, high # of re-users, big economic potential Re-use done by national cadasters Technology allows public sector to step forward, but (Big) niche players seek re-use possibilities, PSI holders rely on IPRs Reliance on re-use income refrains Public sector to step out Cadastral information value chain Produce Collect, compile Distribute Re- use Produce Collect, compile DistributeRe-use Re- use

High value data, mass consumption Public task charachter case clear Also, infrastructural investments and international set up disallow private sector to step in up stream market, so no upstream competition Distinction between professional and mass markets (down stream) Private sector has power over (alternative) distribution channels: integration with other content Division between NMIs that have stepped out and those that stay in Fierce competition in professional markets Meteo information value chain Produce Collect, compile DistributeRe-use Produce Collect, compile Distribute Re-use professional M Re-use consumer M

In summary Legal info: Directive (and technology) has done its job: market opened up, exclusive deals killed, level playing field allows general competition law to function properly Maps and traffic info: upstream competition has done its job, down stream effects of Directive may be detrimental Meteo and Cadastral info: no upstream competition, competition concerns are clear, especially where PSB reliance on re-use income substantial: – Directive must guard demarcation between public task and re-use activities – Rules of general competition law must guard against abuse of dominance

conclusions There is no such thing as PSI Impact Directive will depend on shift power in value chain it will bring about General rules of competition law remain to have role in other parts of value chain Demarcation of public task is essential