Antitrust Law Analysis Of The Necessary Facilities Principle Applicable To Dat

With the development of the digital economy,massive data scale and dynamic data system gives the huge value of data,and gradually become the most important resource in the digital economy market.At the same time,due to the network effects of the Internet platform,the company has the first advantage and then forms a data monopoly,including the problem of how to apply the principle of necessary facilities for data to apply data to the dispute between Zhiwang’s suspected monopoly and data of HIQ and LINKELN.Although this principle is controversial in the academic community,the principles of the necessary facilities in data applications meet the legislative purpose of antitrust law,and can promote competition and innovation and eliminate market barriers.This article is based on the concept and characteristics of data,an overview of the principle of essential facilities,the differential analysis of the difference in the principles of necessary facilities and the differences in the rejection of trading behavior,and its application value as the theoretical basis.Combined with the actual dilemma of the current required facilities principles,it is based on the reference of related cases in Europe and the United States.The analysis and regulation of the necessary facility principles,summarize the principles of the need for the application of data in my country,should be based on the principle of prudential application and adhere to the thinking of case analysis.Clarify the constituent elements of the necessary facility principles,establish a potential risk prevention mechanism,and put forward relevant supplementary suggestions,and then promote the development of the digital economy and stimulate the value of data.