1. PSI and Competition Law: Comments for Discussion Hanns Ullrich

2. PSI and Competition Law: I.Introduction II.The Issues 1.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

3. 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?

4. 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?

5. 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?

6. 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

7. PSI and Competition Law: Comments for Discussion IV. Conclusion Thank you very much for your attention