01/22/2022 IUS COMMUNE
Access to platforms via Essential Facilities
doctrine and/or Public Utilities theory
Umbrella ERC funded project: Modern Bigness
● Power of Big Tech
● Negative effects on market and non-market values
Research Question
To digital platforms
Essential facilities doctrine
Be guaranteed by Should access
Public utilities theory
and/or
WHY?
Why should access to digital platforms be guaranteed?
Gatekeepers
Market actors Consumer
User-citizens
Platform society
Why should access to digital platforms be guaranteed?
Market Value
Non-Market Value
Competition User-consumer
welfare
Why should access to digital platforms be guaranteed?
Market Value
Non-Market Value Competition
Internal policies
Govern information flow Interest in profit Democratic
participation in society
User-consumer welfare
Accountability?
User-citizen welfare
Platforms as infrastructures
Compatibility of Current Legal Tools To Access (Digital) Infrastructures
Essential Facilities Doctrine
(Competition Law)
Public Utilities Theory
(Regulatory Intervention)
Safeguard market and non-market values Can we access? What
could be accessed?
User-consumer and user-citizen welfare
THANK YOU!
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