[epsi-coord] Belgian case description

Sun Nov 6 19:06:44 GMT 2011

Hi Ton and Marc,

I have sent the descriptions to a colleague of mine for review, and he made
a few editorial improvements and corrected a few errors. The versions in
attachment should be suitable for publication now.

The abuse of dominance angle is very interesting. Since the CBE
commercially exploits the data as well, it could be seen as a competitor to
Infobase. However, I’m not sure if the claim would be upheld, mainly for
two reasons. Firstly, I think the CBE could claim that they’re not playing
in the same market. The CBE sells raw data to third parties, whereas
Infobase analysis this data, enriches it, and then sells the result onward.
CBE might credible claim that they’re more of a supplier than a competitor,
which would undermine the legal argument, or at least Infobase’s standing.
Secondly, the CBE could claim that they’re not dominant in the market,
because there are other data suppliers: Infobase itself, but also Graydon
and Dun & Bradstreet (who are in fact both mentioned by name in the
decision, in relation to an unproven claim by Infobase that they might be
using the CBE without these restrictions). All of these have other
information sources than the CBE, so the CBE’s position of market dominance
is not so clear cut.

I’m not sure how the argument would turn out. The court didn’t mention it
in its ruling, so it’s probably best not to speculate on it here. Might be
an interesting topic for a future TR, though.

Hans

P.S. I may miss part of the call tomorrow, due to a workshop with an
uncertain end time. I’ll do my best to be there on time, though.

*Van:* epsi-coord-bounces at lists.okfn.org [mailto:
epsi-coord-bounces at lists.okfn.org] *Namens *Marc de Vries
*Verzonden:* zondag 6 november 2011 17:17
*Aan:* epsi-coord at lists.okfn.org
*CC:* epsi-coord at lists.okfn.org
*Onderwerp:* Re: [epsi-coord] Belgian case description

Hans, Ton,

I had à look at the case and i find it very interesting and well
summarized. Hans, the licencing condition to report changes or mistakes
could that pne even be considered abuse of dominance? Just à thought...

Regards,

Marc

Op 6 nov. 2011 om 14:23 heeft Ton Zijlstra <ton.zijlstra at gmail.com> het
volgende geschreven:

Hans,

have these been proof-read already, by Patricia or otherwise?

Are they ready to publish?

best,

Ton

-------------------------------------------
Interdependent Thoughts
Ton Zijlstra

ton at tonzijlstra.eu
+31-6-34489360

http://zylstra.org/blog
-------------------------------------------

On Wed, Nov 2, 2011 at 3:56 PM, Hans Graux <hans.graux at timelex.eu> wrote:

Following on my earlier mail, in attachment you’ll find a report for the
Ryanair decision. Again, a fairly complicated one, so I hope it is
sufficiently clear.  I also included an update of the Belgian report, which
contained a typo (wrong decision date).

Best regards,

Hans

*Van:* Hans Graux [mailto:hans.graux at timelex.eu]
*Verzonden:* woensdag 2 november 2011 13:19
*Aan:* epsi-coord at lists.okfn.org
*Onderwerp:* Belgian case description

Hi all,

In attachment you’ll find a description for the Belgian case I mentioned
during Monday’s call. It’s a fairly interesting one (well, to a lawyer
anyway…), but it might be a bit complex with a fair amount of legal
terminology. Your impressions and any suggestions for improvements are as
always welcome.

I’ll try to submit a second case description for the Ryanair v. Commission
case this afternoon.

Best regards,

Hans

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