Discussing the Prudence Application of “Essential Facilities Doctrine” in Anti-Data Monopoly Strategies in the Digital Economy Era

Abstract

As one of the most fundamental production elements of the digital economy, data has become a critical factor in determining enterprises’ competitiveness. Consequently, it is highly problematic that data monopolies frequently form in the market. Recognizing the issue, principle fourteen in “Anti-trust Guidelines on Platform Economy (Draft for Comments)” establishes a methodology for regulating data access restrictions. In addition, it reflects on the viral and debatable data monopoly problem by clearly stating that data can be perceived as an “essential facility”. In the study, it is argued that the “Essential Facilities Doctrine” has a high practical significance for regulating vertical monopoly in the traditional economy; however, it should be applied with caution under certain restrictions when dealing with data monopoly.