The Data Elements Constitute An Antitrust Analysis Of The Required Facility

The digital economy requires data to participate in market competition as an important factor of production.The collection,application and transaction behavior of data have become the norm of market transactions and an important factor affecting the competitiveness of enterprises in the market.In recent years,data advantage has increasingly become the core competitive advantage of digital enterprises.In recent years,data advantage has increasingly become the core competitive advantage of digital enterprises.In addition,due to the influence of digital economy network effects and multi-attribution,some Internet giants who have mastered the first-mover advantage have increased their inappropriate anti-competitive behaviors,and unreasonably increased competition barriers,resulting in endless related disputes.This has aroused widespread concern in anti-monopoly legislation,judiciary,and law enforcement in various countries.Among them,the typical anti-monopoly regulation problem of data refusal to trade behavior,in the context of the digital economy,the application of the traditional anti-monopoly path has encountered many practical difficulties that need to be overcome.As an important theory for regulating the abuse of market dominance,the principle of essential facilities has been controversial in the application of natural monopoly industry and intellectual property fields..The main reason is that the application of the principle of essential facilities usually produces a negative impact on the principle of freedom of contract and negative impact on the initiative of innovation,as well as the positive impact on the solution of the "bottleneck" monopoly problem has obvious effect.This also determines that the relevant anti-monopoly departments have always held a strict and cautious attitude towards this principle.Data elements play a fundamental role in optimizing resource allocation and promoting industrial structure upgrading in the macro operation of digital economy.Therefore,anti-monopoly agencies in various countries are trying to introduce the principle of necessary facilities into the regulation path of data monopoly behavior.This paper discusses the introduction of the principle of necessary facilities in the regulation of data refusal to trade,in order to solve the dilemma of anti-monopoly law enforcement and build a new path for data anti-monopoly regulation.This paper is divided into four parts.The first part of this paper analyzes in detail the case of hi Q Labs v.Linked In,a typical case that uses the principle of necessary facilities in data anti-monopoly law enforcement,and then considers the feasibility of applying the principle of necessary facilities in the data field for anti-monopoly regulation.The second part makes a theoretical analysis of the impact of data as a factor of production on market competition in the operation of the digital economy.In addition,it comprehensively organizes and studies the relevant theoretical basis of the emergence,development and application of the principle of necessary facilities in the field of anti-monopoly law.The third part mainly discusses the necessity of data elements to constitute the necessary facilities.The data element has gradually become the core element of the competition of digital economy enterprises.At the moment when the Internet giants with the first-mover advantage have already controlled large-scale key data,the problems of refusal to trade and “choose one of two”platforms are slowly emerging.out of the water.The traditional anti-monopoly regulatory approach seems to be incapable of facing the digital industrial structure.In order to deal with this practical dilemma,the anti-monopoly regulation path has been practiced and explored in many aspects both at home and abroad.In the fourth part,based on the above research results,this paper attempts to construct the requirements and systems for the application of the essential facility principle to data elements in terms of the principle of careful application,as well as the applicable scenarios,objects and operability of the essential facility principle.