Who is the boss? What determines the PSI value chain characteristics…

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

2. 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?

3. PSI value chain Create (produce, collect, compile) Collect, compile Distribute Re-use Public task domain Public task domain Outside public task Outside public task

4. Legal information value chain Produce Collect, compile Distribute Re-use 1995 • 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 Produce Collect, compile Distribute Re-use 2012

5. Traffic information/topographic information value chain Produce Collect, compile Distribute Re-use 1995 • 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) Produce Collect, compile Distribute Re-use 2012

6. Cadastral information value chain Produce Collect, compile Distribute Re-use Re-use 1995 • 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 Produce Collect, compile Distribute Re-use 2012

7. Meteo information value chain Produce Collect, compile Distribute Re-use 1995 • 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 NMI’s that have stepped out and those that stay in • Fierce competition in professional markets Produce Collect, compile Distribute Re-use professional M 2012 Re-useconsumer M

8. 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

9. 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