Challenging Data Monopolies: The Essential Facilities Doctrine as a Means to Enhance Competition in the EU
| Autoři | |
|---|---|
| Rok publikování | 2025 |
| Druh | Další prezentace na konferencích |
| Fakulta / Pracoviště MU | |
| Citace | |
| Popis | Data monopolies are a present challenge to the EU digital economy infl uencing multiple markets such as various online and social platforms and the emerging generative AI market as well. While many diff erent approaches are being considered when dealing with them, the essential facilities doctrine gained recognition as a tool to combat data monopolies as well as fi nding a refl ection in EU and national law. This article explores the limits of applying the doctrine as a solution to data monopolies in its almost pure form, such as is the case in the German Act Against Restraints on Competition, as well as in the form of a “refl ection” in the Data Act and Digital Markets Act. Mainly exploring the questions of who should decide what data constitutes the essential facility and how diff erent access regimes to data made available may work against the opening up of the digital market. The main contribution of this article is the critique of the essential facilities doctrine when used in a more concrete and practical setting as a tool to regulate data monopolies and thus helps move the discussion of regulating data monopolies forward while highlighting the specifi cs of data monopolies. |
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