Academic Journal of Business & Management, 2023, 5(27); doi: 10.25236/AJBM.2023.052710.
Siyuan Tang
Department of Economic Law, Beijing Technology and Business University, Beijing, China
With the in-depth development of the digital economy, data has become the core driving force for platform operators to obtain market competitive advantages.Due to the bilateral market characteristics of the Internet platform economy and the unique network effect, economy of scale, lock-in effect and other effects, sticking to the traditional anti-monopoly regulatory thinking of "the identification of the relevant market - the identification of the dominant market position - the identification of the act of refusal to deal" will face no small regulatory dilemmas.From the perspective of the inherent attributes of data and the maintenance of competition order, it is reasonable to apply the theory of essential facilities in the field of data. Moreover, the determination of essential facilities and market dominance is substitutable, so the traditional approach to determination of abuse of market dominance can be replaced by the analytical approach of "the determination of whether the data constitutes an essential facility -- the determination of an act of refusal to deal", which will more effectively regulate the anti-monopoly issue of data platforms.
Data Platforms; Abuse of A Dominant Market Position; Essential Facilities Doctrine
Siyuan Tang. Research on Justification and Cognizance of the Theory of Necessary Facilities under Data Carrier. Academic Journal of Business & Management (2023) Vol. 5, Issue 27: 58-62. https://doi.org/10.25236/AJBM.2023.052710.
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