Determination Of Data Platform Essential Facilities Under The Sight Of Antitrust Law

With the in-depth development of the digital economic era,the data has become the core driving force for platform operators to achieve market competitive advantage.The initiator of the agency is rapidly rising,and the platform operator with data advantage is often used to achieve the conduction of monopoly power,reject the data of the data,and reject the data of the downstream enterprises through technical means.Crappiness to achieve the effect of excluding competition,this data monopoly act not only destroyed the competitive order but also hinders the innovation and development of the digital economic market.As a data monopoly,the most classic hiQ v.Linkedin case,the many scholars at home and abroad have tried to regulate the availability of the essential facility theory in the data field.Due to the bilateral market characteristics of the Internet platform and the unique network effect,scale economy and locking effects,the traditional anti-monopoly regulation of "identification of related markets-market dominance-refusal trading behavior identification",Instead,there is a small regulatory dilemma in each identification.In order to disintertime,the essential facilities in the conventional analysis framework,the essential facilities in the anti-monopoly law will become the best path choice for the regulatory data platform antitrust.From the inherent attributes and competitive order maintenance perspectives,the essential facility theory is to be rationality.Moreover,the analysis of the essential facilities and market dominance is also alternative,then the analysis of the analysis of the "identification of data constitutes the essential facilities-the identification of the transaction behavior",instead of the traditional abuse market dominance,thus more efficient regulation data Platform anti-monopoly problem.The essential facility theory from the industrial economy must be given new connotations based on the special attributes of the data.Under indirect competition,the data can be integrated,and the data can be integrated and can be shared.Sex and reject the four qualitative criteria for the essential facilities,the market value,data replication cost,data replication needs of the data,and the technical compatibility of data sharing,etc.are qualitative and used as quantitative standards.A combination of quantitatively determines the essential amenities.At the same time,it is also essential to introduce the FRAND rules into the data field,so that the platform of exclusive essential data is fair,reasonable,non-discriminated,and ultimately realizes effective regulation of the data platform.