Essential Data
In: The Yale Law Journal, Jg. 124 (2014-12-01), S. 867
Online
academicJournal
Zugriff:
Certain firms in the Internet economy may exclude competitors by refusing to deal data. Such conduct may impede innovation. But antitrust law lacks a coherent response to monopoly of data. This Comment proposes a policy inspired by duties to share. Over a century ago, courts devised an "essential facilities" doctrine that required monopolists to share inputs essential to competition with rivals. These inputs included phone lines and bridges. I contend that the essential facilities doctrine sometimes should require open access to data. This Comment proceeds in two Parts. Part I describes the problems with data monopolies and provides an example of an essential data dispute. The Part goes on to explain the essential facilities doctrine and identify criticisms that led to the doctrine's rejection. It closes by describing an essential data claim. Part II contends that criticisms of the essential facilities doctrine attenuate when a dataset becomes the facility to which a rival seeks access. I. ONLINE DATA AND ESSENTIAL FACILITIES Part I has three sections. Part I.A explains the role of data in the online economy and provides an example of an essential data claim. Part I.B introduces the essential facilities doctrine, as well as the doctrine's demise. Part I.C sets forth the elements of an essential data claim and situates the concept in commentary and precedent. A. Online Data Sometimes data cause disputes. A company called PeopleBrowsr faced one late in 2012. According to PeopleBrowsr, its service helped clients monitor and analyze conversations online and relied ...
Titel: |
Essential Data
|
---|---|
Autor/in / Beteiligte Person: | ABRAHAMSON, ZACHARY |
Link: | |
Zeitschrift: | The Yale Law Journal, Jg. 124 (2014-12-01), S. 867 |
Veröffentlichung: | 2014 |
Medientyp: | academicJournal |
Schlagwort: |
|
Sonstiges: |
|