Media and brands generate consistent externalities: effects such as fashion, reputation, connotation… These effects are internalized through vertical restraints in distribution: single pricing in books, release frameworks for audio and video, geographical exclusivities, selective distribution, etc. These restraints benefit from exemptions from general competition rules. In the digitized market, these exemptions are questioned and must be frequently justified.

Acting as a distributor, the internet created itself new vertical relations between logistic operators – network, providers, platforms, manufacturers – and publishers. These vertical relations can lead to new monopolies or dominant positions in the market. The economic analysis of these relations is a key aspect for the deployment of infrastructures, digitized services and digitized media. (Interview: Michel Riguidel on net neutrality).

The lack of vertical relations and responsibility rules among online intermediaries generates negative effects, such as free-riding on Copyright. An evolution of intermediaries’ responsibilities is needed to improve efficiency of Copyright in digitized markets. This process, in the framework of tort Law, must be evaluated with an economic model to outline profits and losses.

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