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
Public task
Public
domain
task domain
Distribute
Re-use
Outside
Outside public task
public task
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
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
Cadastral information value chain
Produce
Collect,
compile
Distribute
Reuse
Reuse
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
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
Re-use
consumer M
2012
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