The Highly Prudent Application of the Essential Facilities Doctrine from the Perspective of Anti-monopoly Law in the Digital Economy Era
The application of the essential facilities doctrine in anti-monopoly law has been a subject of controversy and has evolved alongside its implementation in various jurisdictions'anti-monopoly legislation and cases.While there is potential for applying this doctrine in enforcing anti-monopoly laws,challenges arise regarding the risk of unduly restricting operators'rights and concerns that it may inhibit investment and innovation.Consequently,the application of the essential facilities doctrine has consistently adhered to a principle of prudent application,particularly within the realm of intellectual property rights.In the context of the digital marketplace,this principle should be applied with heightened caution when determining whether data or a platform constitutes an essential facility.Furthermore,the application of the essential facilities doctrine in digital markets should be framed within an analytical framework focused on abusive market dominance behavior.In addition,in the digital age,this doctrine may extend beyond anti-monopoly law to encompass broader applications in digital market regulation law,thereby alleviating concerns that a highly prudent approach to applying the essential facilities doctrine might undermine the effectiveness of anti-monopoly law enforcement.
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