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01/22/2022 IUS COMMUNE

Access to platforms via Essential Facilities

doctrine and/or Public Utilities theory

(2)

Umbrella ERC funded project: Modern Bigness

Power of Big Tech

Negative effects on market and non-market values

(3)

Research Question

To digital platforms

Essential facilities doctrine

Be guaranteed by Should access

Public utilities theory

and/or

(4)

WHY?

(5)

Why should access to digital platforms be guaranteed?

Gatekeepers

Market actors Consumer

User-citizens

Platform society

(6)

Why should access to digital platforms be guaranteed?

Market Value

Non-Market Value

Competition User-consumer

welfare

(7)

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

(8)

Platforms as infrastructures

(9)

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

(10)

THANK YOU!

(11)

The information in this presentation has been compiled with the utmost care, but no rights can be derived from its contents.

DISCLAIMER

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