Table of Contents

State-Initiated Restraints of Competition

State-Initiated Restraints of Competition

ASCOLA Competition Law series

Edited by Josef Drexl and Vicente Bagnoli

States influence competition in the market in various ways. They often act themselves as market participants through state-owned enterprises. They regulate markets and specific sectors of the economy such as public utilities in particular. In some instances, market regulation explicitly aims to promote competition in the market. In other instances, regulatory schemes and decisions may inadvertently distort competition or openly promote conflicting objectives and even anti-competitive goals. Furthermore, states can distort competition among firms when they act as purchasers of goods and services as well as when they grant subsidies to individual firms. This book assembles contributions by competition law scholars who present new insights on the diversity of problems and challenges arising from state-initiated restraints of competition in jurisdictions from all around the world, not only including the EU and the US, but also Latin American countries, China, India and Australia.

Chapter 4: The competition dimension of the European regulation of public sector information and the concept of an undertaking

Josef Drexl

Subjects: law - academic, competition and antitrust law

Extract

Many state bodies produce and hold a large stock of data that can be exploited commercially. These bodies, such as courts or land and company registries, often fulfil essential state functions. With regard to such data, every modern state today has to decide on the principles on whether and how to make that data available to the public for commercial re-use. In the European Union, already in 2003, the legislature decided to adopt a directive in this regard, the so-called Public Sector Information (PSI) Directive, which was most recently revised in June 2013. The objectives of this legislation are twofold: as its primary object, the Directive seeks to promote access of private businesses to PSI, based on the assumption that better commercial use of such information may help to develop new information markets and, finally, enhance economic growth. Secondly, by the time of its revision in 2013, the Directive had also become an important element of the EU’s open-data policies that are designed to make publicly-held data widely available to the public. The European PSI regime draws our attention to a new kind of economic activity or, at least, economically relevant activity of state bodies that comes along with the emergence of the information society.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information