A PYMNTS Company

Essential Facilities Fallacy: Big Tech, Winner-Take-All Markets, and Anticompetitive Effects

BY | February 24, 2020

There have been calls to treat data as an essential facility to reduce barriers to entry in the digital economy where a “winner-take-all” dynamic is often present. In such markets,…

There have been calls to treat data as an essential facility to reduce barriers to entry in the digital economy where a “winner-take-all” dynamic is often present. In such markets, traditional enforcement may fail to enjoin conduct, or an acquisition, that lowers welfare in expectation because anticompetitive effects, regardless of their magnitude, are given no weight if deemed unlikely to occur. The authors consider several proposals to fine-tune competition law and argue that calls to regu

...
THIS ARTICLE IS NOT AVAILABLE FOR IP ADDRESS 44.213.60.33

Please verify email or join us to access premium content!