Can Public Sector Information Distort Markets?

29 Pages Posted: 29 Apr 2015

See all articles by Niels Vandezande

Niels Vandezande

time.lex CVBA; KU Leuven - Centre for IT & IP Law (CiTiP)

Sara Hugelier


Katleen Janssen

KU Leuven

Date Written: April 27, 2015


In the last decades, the nature and scope of services offered by public sector entities has changed considerably. More recently, one can also distinguish a rising awareness of the economic potential of public sector information, in turn raising demand for the availability of such information for re-use for both commercial and non-commercial purposes. The expansion of the public sector information available for re-use, however, can lead to collisions with the services offered by private commercial entities. Therefore, the question is raised as to what rules apply to these governmental entities. As governmental entities have access to means and resources often unavailable to private commercial entities, one could find that such governmental entities hold an unfair competitive advantage over their private commercial peers. Therefore, this article will analyze whether or not such governmental entities fairly compete with private commercial entities offering similar services and what rules can apply to such situation.

Keywords: competition law, public services, public sector information, market distortion, abuse of dominant market position 

Suggested Citation

Vandezande, Niels and Hugelier, Sara and Janssen, Katleen, Can Public Sector Information Distort Markets? (April 27, 2015). CiTiP Working Paper 22/2015. Available at SSRN: or

Niels Vandezande (Contact Author)

time.lex CVBA ( email )

7 rue Joseph Stevens
Brussels, 1000

KU Leuven - Centre for IT & IP Law (CiTiP) ( email )

Sint-Michielsstraat 6 box 3443
Leuven, 3000

Sara Hugelier


No Address Available

Katleen Janssen

KU Leuven

Oude Markt 13
Leuven, Vlaams-Brabant 3000

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