Data Interfaces: Tensions between Copyright and Competition Law – A New Swiss Court Practice for an Old Problem

Abstract

Abstract The reconciliation of intellectual property rights laws with competition rules is a difficult task. For decades, courts and legal doctrine have been trying to draw fine lines in order to balance corresponding (yet partly differing) interests. Recently, the Swiss Federal Administrative Court ruled on the tensions between copyright and competition law, particularly assessing data interfaces in the credit/debit card payment transactions business. The Court applied a restrictive approach in respect of the exclusively protected sphere of the rightholder–its behaviour of building entry barriers for potential competitors was considered non-compliant with the Cartel Act. This contribution outlines the general principles applied in relation to the reconciliation of intellectual property rights with competition rules in the Swiss law environment and analyses the detailed, concrete reasoning of the recent decision in the light of the needs of the growing information society.