Research On The Applicability Of The Principle Of Necessary Facilities In Platform Economy

In recent years,the rise of the platform economy has led to the emergence of many"necessary facilities",which has sparked controversy over whether it can apply the principle of necessary facilities.The principle of essential facilities originated in the United States and is an antitrust analysis method applicable to some special facilities.In recent years,there has been continuous controversy surrounding the applicability of the principle of essential facilities in platform economy,with the main focus on how to define and improve the various applicable elements of the principle of essential facilities.However,there is still little research on the application premise of the principle of necessary facilities,and its application must be clearly defined.Exploring whether the principle of necessary facilities can be applied in the platform economy is of utmost importance.In current research,most of the "necessary facilities" in the platform economy are not distinguished,and their application requirements are uniformly discussed.In fact,there are differences in the attributes of "necessary facilities"in the platform economy,so it cannot be generalized.This article explores the applicable prerequisites based on the different attributes of "necessary facilities" in platform economy.The article is divided into five parts to discuss whether the principle of necessary facilities can be applied in the platform economy.The first part of the content is based on the current domestic and international disputes about whether the principle of necessary facilities can be applied in the platform economy.The second part revolves around the basic theory of the principle of necessary facilities,including its applicable prerequisites and development process.The third part explores the introduction of the principle of necessary facilities in the platform economy,where some "potential necessary facilities" have already emerged and their owners have the motivation to monopolize facilities.Due to the fact that platforms,data,and algorithms are the three essential elements of operator competition in the platform economy,it is of great reference significance to analyze whether platforms,data,and algorithms in the platform economy can serve as "necessary facilities" and apply the principle of necessary facilities.In order to facilitate the analysis of the applicability of the principle of necessary facilities,the fourth part divides necessary facilities into infrastructure and non infrastructure according to their nature,and subdivides them when applying the principle of necessary facilities according to their nature.The fifth part mainly analyzes the situations and solutions where the principle of necessary facilities cannot be applied in the platform economy.For facilities that cannot apply the principle of necessary facilities,if they are suspected of violating the law,other means of regulation should be applied.In short,the principle of essential facilities is undoubtedly one of the important anti monopoly analysis methods.The regulation of the unreasonable refusal of other market operators to obtain their facilities by the owners of essential facilities,which results in the elimination of effective market competition,is very effective.However,due to the different attributes of "essential facilities" in the platform economy,there is a question of whether the application of the principle of essential facilities can be applied.Therefore,it is necessary to distinguish based on the different attributes of "necessary facilities".On the one hand,the principle of essential facilities can be applied to all necessary facilities that constitute infrastructure,but the specific application of the elements of the principle of essential facilities should be subdivided based on whether the infrastructure is commercial or public or mixed infrastructure.On the other hand,for "necessary facilities" that do not constitute infrastructure,it is necessary to identify them on a case by case basis and strictly limit the requirements for applying the principle of necessary facilities.Therefore,although the principle of necessary facilities can effectively regulate illegal activities against competition,it cannot be widely applied.