Konkurrensrättsliga aspekter på vidareutnyttjande av information från den offentliga sektorn

Sammanfattning: Since the early 2000s, technological developments have increased heavily which have formed the basis for a series of new products. The public sector possesses interesting and useful information while the demand for information has become increasingly sought after which is why the creation information products and services have become a booming market. In 2003, the European Parliament and the European Union adopted a new directive on transmitting information from the public sector named the PSI Directive. The PSI Directive is a secondary law and thereby in accordance with the primary law of the Treaty on the functioning of the European union. The Directive aims to create a harmonization of the internal market and to set up conditions for transmission of information. PSI urged Member States to implement the necessary laws and regulations by 2005 in order to comply with the directive. Sweden's equivalent of the PSI Directive (PSI-act) was adopted after an amendment in 2010 and it enables the state, the municipalities and the county councils to conclude contracts and licensing information to third parties without violating other laws. The authorities may apply the terms of the contract governed by the PSI regulation but must also consider the antitrust laws. The treaty on the functioning of the EU is directly applicable for contracts extending between Member States as primary law prevails secondary law. But the question is whether the PSI regulation is contemporary in our digitized and developed society and if there are sufficient conditions to conclude an agreement in accordance with the harmonization the EU aims to achieve?