E-COMMERCE, BIG DATA, ESSENTIAL FACILITIES DOCTRINE IN COMPETITION LAW

Abstract

With our entry into the era of industry 4.0 brings all activities, one of which is business to an online base commonly called e-commerce. However, with all the conveniences provided through buying and selling on online platforms, there is a new conversation about whether online platforms make competition stronger or actually facilitate market monopolies. Especially when discussing digital platforms, it's impossible to ignore market-related information, which comes in all types of information. Nonetheless, with the introduction of Big Data, previously raw data may now be processed to provide a competitive advantage to business actors who have access to it, and this facilitates the occurrence of exploitation if the business actor does not choose to share access to Big Data. Hence, a regulation is needed to discuss the ownership of Big Data access in an online platform and how the role of the essential facilities doctrine as a basis so that business actors do not hold back is actually required to provide access to other competitors in order to access these essential facilities.