This article explores important economic mechanisms and competition law that have been used to promote the competitiveness of the database industries. Section II explains fundamental economic theories that lead to an understanding of the concept of an efficient and perfect competition within the database industries. Section III analyzes judicial decisions of the two economic parties, the European Union and the United States of America, that apply competition law to create a fair reproduction and dissemination of factual contents and to prevent unfair competition derived from an attempt to dominate the free flow of contents in the market. Section IV examines a concept of extraterritorial jurisdiction that the courts in the E.U. and the U.S. have utilized to assert extraterritorial jurisdiction over activities that are constituted outside their borders. Section V addresses the concept of economic invisible hands and the competition laws that are sufficient to promote market efficiency and a competitive advantage for the worldwide database industry.
"Economic Justification for Sui Generis Databases,"
Annual Survey of International & Comparative Law:
1, Article 8.
Available at: http://digitalcommons.law.ggu.edu/annlsurvey/vol11/iss1/8