Licencování PSI a hospodářská soutěž

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Title in English Licensing of PSI and Competition
Authors

KUBEŠA Tomáš

Year of publication 2015
Type Article in Periodical
Magazine / Source Revue pro právo a technologie
MU Faculty or unit

Faculty of Law

Citation
Web Open access časopisu
Field Law sciences
Keywords PSI; abuse of dominance; public sector information; licensing
Attached files
Description In this article, I focus on licensing of public sector information in competition law perspective. I will list the possible breaches of competition law that can occur in PSI licensing. I will analyze an abusive behaviour of a dominant undertaking, whose dominance is based on the control of licensed PSI. The article also contains a list of criteria, that need to be met when establishing a dominant position of such undertaking. Then, possible breaches of competition regulation by such a dominant will be presented. I will conclude with a list of practical measures that should clear any suspision of abusive behaviour. The article is based on the theoretical and legal foundations of LAPSI and abuse of dominance. In the final part of the article, the conclusions are applied to existing case law and the Chaps case.
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