Geo-blocking in the market: consequences and predictions
Article Sidebar
Google Scholar citations
Main Article Content
Geo-blocking is the commercial practice that allows companies to block their services or products based on the geographic location of the customers that consume them, and is a very widespread practice in the electronic commerce sector. Above all, however, geo-blocking is present in digital content and products.
Through the tools made available through geo-blocking, companies have been able to exploit the price differences between one country and another, thus forcing the consumer to always buy in their country of origin, even if it is more expensive or if doing so involves some type of disadvantage or harm to the consumer. In addition, for content dissemination platforms such as Netflix, iTunes and Spotify, it is easier to do business with individual territories than to do so globally. Compartmentalising the business ends up yielding a profit, and also saves efforts when it comes to obtaining licenses for the use of the contents that are intended to be made available to their clients.
An increasingly popular theory in the European Union is that companies who use geo-blocking are incurring in an illegal and unlawful practice in European competition law. Consumer associations, experts and various organisations have labelled the practice of geo-blocking as discrimination, and have advocated its abolition. However, despite the remarkable efforts of European institutions to build a legal framework that would appropriate consumers from different EU countries to share a single digital market, it seems that Europe has barely moved from its starting point.
Article Details
This work is licensed under a Creative Commons Attribution 3.0 Unported License.
Copyright
Contents published in IDP are subject to a Creative Commons Attribution-No Derivative Works 3.0 Spain licence, the full text of which can be consulted on http://creativecommons.org/licenses/by-nd/3.0/es/deed.en.
Thus, they may be copied, distributed and broadcast provided that the author and IDP are cited, as shown in the recommended citation that accompanies each article. Derivative works are not permitted.
Authors are responsible for obtaining the necessary permission to use copyrighted images.
Assignment of intellectual property rights
The author non exclusively transfers the rights to use (reproduce, distribute, publicly broadcast or transform) and market the work, in full or part, to the journal’s editors in all present and future formats and modalities, in all languages, for the lifetime of the work and worldwide.
The author must declare that he is the original author of the work. The editors shall thus not be held responsible for any obligation or legal action that may derive from the work submitted in terms of violation of third parties’ rights, whether intellectual property, trade secret or any other right.
Berta Esteve Beltran, Lawyer specialized in entertainment law, new technologies and data protection. PhD student - ESADE - Universitat Ramon Llull
Doctorate at ESADE Business and Law School - Universitat Ramon Llull; currently writing a dissertation on collaborative economy. Graduate in Law from the Universitat de Girona (UdG), she spent one year studying a Master’s degree specialising in Entertainment and Intellectual Property Law in Los Angeles, California. Introductory Master’s degree into the field of Law from the Universitat Oberta de Catalunya (UOC). More recently she has worked in the Department of Media, Telecommunications and Data Protection in a lawyers’ office in Barcelona.